Latest update: 29/07/2016
The website www.merci-merci.com (the "Site") is published by ON LINE SAS, a French simplified joint stock company with capital of 1,000 euros, registered at the RCS of Paris under the number 820 435 238, whose registered office is located at 107, Rue Réaumur, 75002 Paris ("Merci", "we", "us" or "our").
By placing an order on the Site:
- you confirm your capacity to enter into an agreement under these general terms and conditions of sale (the "T&Cs"); and
- you accept the T&Cs without reservation and that all deliveries and offers made by Merci are done so exclusively under the said T&Cs.
We reserve the right to modify, change or periodically update these T&Cs at any time. You must accept such modifications prior to any subsequent order.
We recommend that you take and retain a copy of the T&Cs on the day you register with the Site and on the day you place any order.
Article 1 – Order conditions
1.1 Selecting your products
You will be asked to select the products of your choice from the Site and place them in the virtual basket. All photos on the Site are provided for information purposes only and do not have any contractual value. You may view your basket at any time and add, modify or remove products.
By clicking on the button "Confirm my order and proceed to checkout", you will be asked to enter information relating to delivery and to select a payment method.
Confirmation of your order will be forwarded by e-mail immediately after you have validated the order.
1.2 Order confirmation by Merci
We will send you an order confirmation by e-mail once we have received the corresponding payment. Reception of this e-mail confirms our acceptance of your order. If you do not receive this order confirmation e-mail, your order has not been validated.
1.3 Order cancellation or modification
It is possible that exceptional circumstances may exist of which we are not aware at the time of confirming receipt of your order and/or of confirming the order itself which prevent us from dispatching the products to you, for example product non-availability. Similarly, we could be forced to cancel your order in the event of a technical error, notably causing an abnormally low price to be displayed.
We will inform you as soon as possible by e-mail if this happens and reimburse the cost of the unavailable or incorrectly priced products. If payment has not yet been made you will not be debited for the cost of the products.
Should you place an order in error and wish to cancel, we ask you to contact Customer Services without delay. We will process your request as soon as possible. However, we draw your attention to the fact that you may only cancel your order if the products are yet to be dispatched. Cancellation is not possible if the products have already been dispatched. You may exercise your right of withdrawal under the conditions set out in Article 5 below.
Should you wish to modify your order or have any questions regarding a product return, please contact Customer Services.
Product prices as stated on the Site are liable to change. The prices applicable to your order are those stated on the date you place your order.
All prices stated on the Site are in euros and include value added tax at the rate applicable in France. They do not include delivery charges.
Article 3 – Delivery conditions
3.1 Place of delivery
Delivery will take place at the address you supplied when placing your order and only in the geographical regions served by us.
Delivery will be carried out by the carriers stated on the Site.
- Delivery at point of sale
Delivery may be made at our sales outlets should you wish to select this option.
You will receive an e-mail confirming availability at the sales outlet of the products ordered on the Site.
To collect the products ordered on the Site from the sales outlet stated on the order, you must present the availability confirmation e-mail at the outlet along with proof of identity.
You will have a period of thirty (30) calendar days from receipt of the availability confirmation e-mail to come and collect your products. After this period of thirty (30) calendar days, if you have not collected the ordered products they will be returned to the warehouse and your payment of the non-collected ordered products will be reimbursed to you.
3.2 Delivery charge and deadline
The delivery charge and deadline will be notified when you place your order. All delivery charges are stated in euros and are inclusive of VAT.
It is possible that delivery of the products could be delayed or that the products are misdirected. In such a case, we ask you to contact Customer Services by e-mail or registered letter with confirmation of receipt in order to request delivery to be made within a reasonable supplementary period.
Should delivery not have been made within this supplementary period, you may decide to cancel your order by forwarding to Customer Services an e-mail or a registered letter with confirmation of receipt. Should you cancel your order in such circumstances, within a period of fourteen (14) days of us receiving the cancellation request, we will reimburse to you all monies paid when the order was placed (including the delivery charge) in respect of the products subject to the delay
Should events occur that seriously hinder or prevent delivery in the foreseeable future (such as strike, lock-out, administrative ruling, loss of products by the carrier, weather conditions, etc.), we may not be held liable for any delay, even if a firm date or deadline has been given.
3.3 Delivery non-conformity
All products leave our premises in perfect condition.
Should a product be non-conforming on delivery, you must note down the defects by hand on the delivery note or refuse to accept the goods. In particular, you must notify the carrier of even the slightest sign of impact (holes, indication of crushing, etc.) on the packaging and, if necessary, refuse the goods.
Writing the words "subject to unpacking", or similar, on the delivery note carries no weight. No products will be exchanged that are subsequently declared to have been damaged during transport if no reservation has been made on receipt of the package.
Merci's liability may not be invoked should you fail to comply with these provisions. In such cases, the order will not be redelivered or reimbursed on the grounds of non-conformity (subject to the provisions of Article 6).
Article 4 - Payment conditions
When placing your order we offer the services of our payment partner, HiPay, which transfers bank card numbers in a secure manner using the SSL security protocol. The following payment methods may be used: Visa, MasterCard, Maestro, Carte Bleue, American Express, PayPal, Sofort, Bancontact/MisterCash, Giropay, Ideal, Multibanco and Sisal.
We draw your attention to the fact that your bank card will be debited immediately after we forward to you the order confirmation e-mail.
Article 5 - Right of withdrawal
If you are a business, you do not enjoy a right of withdrawal.
As a consumer you have a fourteen (14) day right of withdrawal without providing a motive, commencing on the day you receive the product.
To exercise your right of withdrawal, you must notify your decision by sending an unambiguous e-mail to firstname.lastname@example.org. You may use the model withdrawal form available here, although this is not mandatory. You may also send us any other unambiguous form of withdrawal notification.
In order to comply with the withdrawal period, you must send us notification of your decision to exercise your right of withdrawal prior to the expiry of the withdrawal period.
The products must be returned to us at the address communicated to you by Customer Services.
You must send back or return the products for which you are exercising your right of withdrawal within fourteen (14) days of notifying us of your decision to this effect. This period shall be deemed to have been complied with if you return the product before the period expires.
The product must be returned in its original packaging, suitably protected, and must clearly not have been used in any way. Any product returned incomplete, damaged or in any other manner other than in its original packaging will not be reimbursed.
The direct product return charges are for your account.
You are responsible for dispatching the products. You are only liable for product depreciation caused by handling operations other than those required to establish the nature, characteristics and proper working order of the products.
Effects of withdrawal - Reimbursement
Should you validly exercise your right of withdrawal, we will reimburse to you the amount you paid for the products and the initial delivery costs charged by Merci (excluding return charges, which are for your account) within fourteen (14) days of receiving your notification of withdrawal. We may defer reimbursement until we have received the product or until you have provided proof of product dispatch, the valid date being the earliest of these two events.
We will make reimbursement via the same payment method used by you for the initial transaction unless you expressly agree to a different method; irrespective of the circumstances you will not incur any additional costs as a result of reimbursement.
Article 6 - Legal guarantee
Merci is liable for any product conformity defects under the terms set out in Article L. 217-4 et seq. of the French Consumer Code and for hidden defects of the product sold under the conditions set out in Article 1641 et seq. of the French Civil Code.
You will be informed on placing your order that most "merci-merci" products are produced using artisanal manufacturing processes, notably concerning textile colouring (fashion items and household linen), which may lead to discolouration that cannot be considered as a conformity defect.
Where the consumer proceeds under legal guarantee of conformity:
- he/she shall benefit from a period of two (2) years from product delivery to take action;
- he/she may choose between product repair and replacement, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
- he/she is exempt from having to provide proof of the existence of the product conformity defect during the twenty-four (24) months following delivery of the product;
- the legal guarantee of conformity shall apply independently of any commercial warranty provided.
The consumer may decide to activate the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the French Civil Code (the product sold is unfit for its intended use or the defect detracts from its use to such an extent that the customer would not have purchased it or would only have done so at a lower price) and, in such circumstances, he/she may choose to either cancel the sale or accept a price reduction in accordance with Article 1644 of the French Civil Code.
6.1 Legal guarantee of conformity (Article L. 217-4 et seq. of the French Consumer Code):
You benefit from a legal guarantee of conformity.
Article L. 217-4 of the French Consumer Code states that:
"The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery. It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or they have been performed under its responsibility."
Article L. 217-5 of the French Consumer Code states that:
"In order to comply with the contract, the goods must:
1. Be fit for the purpose usually expected of a similar good and, where applicable:
- correspond to the description provided by the seller and possess the qualities presented by it to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the label; or
2. Present the characteristics jointly defined by the parties or be fit for the special purpose sought by the buyer where this has been brought to the attention of the seller and accepted by it."
Article L. 217-12 of the French Consumer Code states that:
"The right to take action resulting from any conformity defect shall lapse two years after the delivery of the good."
6.2 Legal guarantee relating to hidden defects (Article 1641 et seq. of the French Civil Code):
Article 1641 of the French Civil Code provides that:
"The seller is bound by the guarantee in respect of hidden defects in the item sold which render it unfit for its intended purpose or which detracts from its use to such an extent that the customer would not have purchased it or would only have done so at a lower price had the customer been aware thereof."
The first paragraph of Article 1648 of the French Civil Code provides that:
"Any action resulting from latent defects must be initiated by the buyer within two years of having discovered the defect."
We ask you to contact our Customer Services for information on the process for returning products and obtaining reimbursement should you exercise any of these guarantees.
Irrespective of the circumstances, the above provisions do not deprive you of your right of withdrawal under Article 5 of the T&Cs.
Article 7 - Protection of personal data
Merci will process the personal data provided by you via the Site in order to process your order and to send you newsletters and information e-mails related to products similar to those ordered.
When consulting the Site, cookies are placed on your computer, smartphone or tablet. Cookies are small files sent to the browser and stored on the hard drive of the computer, smartphone or tablet. They record information about the computer's browsing behaviour on the Site (pages consulted, data and time consulted, etc.) which may be read by Merci during subsequent visits.
Merci uses such cookies to help you navigate around the Site and to use its functionalities.
Cookies are used by Merci for a maximum period of 13 months. After this 13-month period, Merci will ask you once again for your consent.
You may refuse permission to install cookies via your browser settings. You may accept or refuse all tracking technologies used by Merci or certain individual cookies depending on their purpose.
You enjoy a right of access, modification and rectification in relation with your personal data and a right to refuse your personal data being used for legitimate reasons by sending us an e-mail to: email@example.com.
In no circumstances may Merci be held liable for any internet connection problem, loss of service, non-reception of newsletter, Site maintenance or other access restriction or non-availability.
Furthermore, Merci may not be held liable for any non-receipt of any order or information in the event of an error on your part, deliberate or otherwise, during the process of providing your personal details for the purposes of registration or order payment or delivery.
Merci is only liable for direct damage suffered by you should it breach its contractual obligations, in accordance with statutory provisions.
In accordance with Article L. 221-15 of the French Consumer Code, Merci may not be held liable in the event of the non-execution or improper execution of this contract that is attributable to your own behaviour, to an unforeseeable or insurmountable third-party event or to an event of force majeure.
If you are a business, should Merci commit a breach of its contractual obligations, it shall only be liable for the direct damage suffered by you up the limit of the amount you have paid under the order in question and solely in respect of the products concerned. You hereby expressly accept that Merci may not be held liable in any way for loss of income, loss of profit, loss of opportunity, loss of clientele or for any prejudice to your image suffered as a result of the products sold by Merci. Where applicable, you must invoke Merci's liability within six (6) months of the occurrence of the breach in question.
Article 9 - Intellectual property
All elements presented on the Site (including all content, text, images, code, architecture, trademarks) are protected under intellectual property rights. You are obliged to refrain from using, copying or downloading any Site content, whether in part or in whole, without express written approval from Merci. The reproduction, representation, re-utilisation, extraction, storage or conservation of the Site's quantitatively or qualitatively substantial parts, in any form whatsoever, are notably prohibited.
Article 10 - Customer Services
Merci's Customer Services Department may be contacted at any time before or after placing an order:
SAV Eshop Merci
6 rue Saint Claude
Article 11 - Competent court
The T&Cs shall be performed and interpreted in accordance with French law subject to any applicable statutory provisions. Any dispute that cannot be settled amicably shall be brought before the competent court with jurisdiction over the registered office address or place of domicile of the defendant.
As a consumer you are informed that, in the event of a dispute, you may use a conventional mediation procedure or other alternative dispute resolution method.
Article 12 - Miscellaneous
You hereby accept that all correspondence and/or communication and or transmission of information taking place with Merci via e-mail shall have the same probative force as a paper document.