General Terms and Conditions of Sale

Latest update: 07/08/2018

These general conditions of sale (hereinafter "GTC") accessible on the website www.merci-merci.com (hereinafter « Website ») govern the entire contractual relationship between:

On the one hand, ON LINE, a simplified joint-stock company with a capital of € 1,000, registered in the Paris RCS under No. 820,435,238, whose head office is located at 107 rue Réaumur - 75002 Paris (hereinafter " Merci "),

AND

On the other hand, any natural person of at least 18 years wishing to buy the products offered for sale by Merci on the Website or by any other means of distance selling (including by telephone) and acting for purposes that do not fit in the context of its commercial, industrial, artisanal, liberal or agricultural activity (hereinafter "Customer").

 

ARTICLE 1 – COMPANY & LEGAL INFORMATION

The Website is co-published by:

- ON LINE, a simplified joint-stock company with a capital of € 1,000, with FR81820435238 for intra-community VAT number and for registration number in the RCS of Paris 820 435 238, whose head office is located at 107 rue Réaumur - 75002 Paris
Tel: +33 (0) 1 42 77 77 235
Email: eshop@merci-merci.com
Director of publication: Mr. Jules Mesny-Deschamps

- MERCI, a simplified joint-stock company with capital of € 103,555, with FR48504330754 for intra-community VAT number and for registration number in the RCS of Paris 504 330 754, whose head office is located at 111 bvd Beaumarchais - 75003 Paris
Tel: +33 (0) 1 42 77 00 33
Email: contact@merci-merci.com
Director of publication: Mr. Arthur Gerbi

It is hosted by CLARANET, a simplified joint-stock company with a registered capital of 1,400,000 €, registered in the RCS of Paris under number 419 632 286, whose head office is located at 18 rue du Faubourg du Temple - 75011 Paris, can be reached by telephone on +33 (0) 810 278 385.

At any time, Customers may contact Merci’s customer service using the contact details specified in Article 12.

 

ARTICLE 2 – SCOPE

The GTC define the rights and obligations of the parties in connection with the distance selling of the products offered by Merci to the Customers (on the Website, on catalog ...), excluding other sales made in particular in store which are governed by the concerned general conditions.

Any registration on the Website, use of the Website or placing of an order on the Website or by any other means of distance communication (telephone ...) is acceptance of the GTC by the Customer. Merci reserves the right to modify the GTC at any time without notice, it being specified that only the GTC applicable on the date of use of the Website and / or placing an order by the Customer will apply. The fact, for Merci, not to invoke any provision of the GTC can not be interpreted as a waiver to use it later.

ARTICLE 3 – PRODUCTS

3.1. General: The products sold by Merci are in accordance with the French regulations in force. They are described as precisely as possible (product description, photographs ...). The photographs used by Merci to present the products have no contractual value. In case of need, the Customer is invited to contact Merci’s customer service for any useful clarification.

3.2. Availability: The products are marketed within the limits of available stocks. In case of depletion of stocks, Merci will endeavour to make it clear and make impossible the purchase of the product concerned. Despite all the precautions taken, it can exceptionally be that a product ordered is no longer available. In such a case, Merci agrees to immediately inform the Customer and, where appropriate, to refund the full amount paid by using the same means of payment as previously used by the Customer.

 

ARTICLE 4 - ORDERS

4.1. Product selection and basket check: After visualizing the products offered by Merci and if necessary, contacting Merci’s customer service, the Customer is invited to add one or more products in its virtual basket. A summary of his order is then proposed (product references, quantities, unit price, price including VAT ...) so that he can, if necessary, modify his order before finishing. On this occasion, Merci informs the Customer of the means of payment authorized, the delivery terms, the faculty to return the products ordered within 14 days from the date of their delivery...

4.2. Identification, address and method of delivery: Once the order has been verified, the Customer is invited to: (i) identify himself with his Merci or Amazon login or by completing the mandatory fields if he decides to continue his order without registration; (ii) select or provide its billing and delivery addresses; (iii) select the methods of delivery of the products (deadlines, mode, price ...) among the proposed options.

4.3. Payment and confirmation of the order: Finally, the Customer (i) is informed that his order implies an obligation to pay and that the personal data necessary for the execution of his order and the GTC are collected by Merci, (ii) chooses a method of payment, (iii) accepts the GTC and (iv) proceeds with the payment. The Customer may also (v) choose whether or not personal data concerning him are collected and processed by Merci under the conditions of Article 11. A confirmation message summarizing the essential characteristics of his order and containing (or allowing him to download or print) the GTC is sent to him (failing this, the Customer is invited to contact Merci’s customer service).

4.4. Telephone order: After getting acquainted with all the essential characteristics of the products marketed by Merci and with these GTC listing all of its rights, the Customer is invited to select and specify to Merci the product or products that he intends to order (reference number, color ...), to transmit all the useful information to the execution of his order (contact details, delivery address ...) and to settle his order using one of the means of payment proposed. A confirmation message will then be sent to him under the conditions provided for in Article 4.3 above.

Merci reserves the right to refuse any order provided that it justified legitimate reasons, especially when the quantities purchased are abnormally high for a consumer or in case of dispute over the payment of a previous order.

 

ARTICLE 5 – PRICE AND PAYMENT

5.1. Price: The price of the products is mentioned in euros, all French taxes included (French VAT and other applicable taxes), excluding shipping costs which are notified to the Customer at the time he places an order. In the event of a change in the VAT rate, the price will be automatically changed without further notice than the due date of the new rate. For orders exempt from VAT, the provisions of the General Tax Code will apply.

Merci is likely to organize various promotional operations, especially in the form of announcements of price reductions in the context, in particular, of private sales or Merci days. The price reductions are based on reference prices that generally correspond to the prices offered to regular customers outside the discount period considered, that is to say Customers who do not have a Merci customer account and therefore do not receive a personalized invitation to participate in the promotional operation.

Merci reserves the right to change prices at any time. The products will be invoiced on the basis of the tariffs in force at the time of the validation of the order. In the event that an abnormally low price is indicated because of a technical or human error, Merci reserves the right to ask the Customer to complete the price already set or to allow him to cancel his order repaying the full amount already paid.

5.2. Payment: Payment for orders is made online only by credit card (Visa, Mastercard and American Express), Paypal, Amazon Pay and, by telephone, using one of the means of payment offered.

Merci uses the services of HiPay which ensures the secure transmission, by means of the SSL protocol, of the bank card numbers. Exceptionally, Merci reserves the right to suspend an order and ask its customers any additional information useful to ensure the absence of fraudulent use of a means of payment. Merci also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.

Products ordered remain the property of Merci until full payment.

 

ARTICLE 6 – DELIVERY

6.1. Delivery methods: At the time of placing their orders, Customers are invited to choose among the delivery methods offered by Merci. As a general rule, the delivery methods eligible for delivery in metropolitan France, Corsica or Monaco are the provision of the order within So Colissimo relay points or the delivery of the order by Colissimo to the address provided by the Customer. For deliveries outside the aforementioned territories (unless otherwise specified on the Website or on any other support for unserved geographical areas), deliveries are made by UPS to the address provided by the Customer. In the event that deliveries must be made to the address provided by the Customer, the carrier may contact the Customer to inform him of a delivery date and / or make an appointment for such a date.

Any shipment of an order will be notified by Merci to the Customer by sending an email allowing, if necessary, to track the routing. Delivery will be deemed to be made when the Customer or a third party designated by him, and other than the carrier proposed by Merci, physically takes possession of the product.

6.2. Delivery costs: The delivery costs are indicated in € all taxes included and are the responsibility of the Customers. These fees may vary depending on the weight, volume, nature of the products as well as the carrier, the delivery method and the place of delivery. Delivery charges are notified to Customers when they place an order.

6.3. Delivery locations: Deliveries can be made to mainland France, Corsica, Monaco and abroad (unless otherwise specified on the Website or any other support for unserved geographical areas). Deliveries are made either to the address entered by the Customer or to the point of withdrawal selected by the Customer.

6.4. Delivery times: In general, delivery times are between 48 and 72 hours for mainland France, Corsica and Monaco and 2 to 7 days outside these territories. However, it is clear that these deadlines are given for information purpose only and can not be binding on Merci. The delivery of several products from the same order may be fragmented (the Customer will be informed by email).

In case of late delivery, the Customer may cancel the order, by registered letter with acknowledgment of receipt or by writing on another durable means addressed to Merci’s customer service, if, after enjoining Merci, according to the same terms, to perform the delivery or provide the service within a reasonable additional time, Merci remains in default within this time. In such a case, the order will be considered canceled upon receipt by Merci of the letter or writing stating for its cancellation, unless Merci has been executed in the meantime. In case of cancellation of an order in the aforementioned forms, Merci will refund to the Customer all amounts paid, no later than 14 days from the date of cancellation.

6.5. Apparent anomaly at the time of the delivery: Any apparent anomaly concerning an order (number of units, state of the packages ...) will have to be indicated in a precise way (detailed description of the anomaly) by the Customer on the delivery order of the carrier, in presence of the latter. The Customer must immediately inform Merci by providing any useful evidence (photograph, description of the anomaly ...). An apparent anomaly is any abnormality that should normally be detected by a normally attentive and informed consumer. Otherwise, the products will be deemed to have been delivered free of any apparent anomaly. It is therefore up to the Customer to preserve his rights vis-à-vis the carrier under the conditions provided for in Article L.133-3 of the French Commercial Code (reasoned confirmation of the anomaly with the carrier by sending a registered letter within 3 days, excluding public holidays, following the day of receipt of the products concerned).

 

ARTICLE 7 - WARRANTY

All products, tangible movable property, sold at distance benefit from the legal guarantee of conformity and the legal guarantee of hidden defects in the conditions of articles L.217-4 and following of the Consumer Code and 1641 of the Civil Code as well as where applicable, the manufacturer's contractual warranty included in the purchase price of the product.

When acting on the grounds of the legal guarantee of conformity, the Customers :

    • have a period of 2 years from the delivery of the property to act;
    • may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
    • are exempted from showing proof of the lack of conformity of the property during the 24 months following the delivery of a new property and the 6 months following the delivery of a second-hand property.

In addition, it is also reminded that :

    • The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted;
    • Customers may also decide to implement legal guarantee of hidden defects provided for in Article 1641 of the Civil Code and can thus choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

7.1. Legal guarantee of conformity (content): "Article L.217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.

Article L.217-5 of the Consumer Code: The good conforms to the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:

    •  if it corresponds to the description given by the seller and possesses the qualities that it has presented to the buyer in the form of a sample or a model;
    • if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the he has accepted.

Article L.217-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code:
If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 can not be implemented within one month of the claim of the buyer;
2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.
The resolution of the sale can not however be pronounced if the lack of conformity is minor.

Article L.217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods. "

7.2. Guarantee of hidden defects of the thing sold (content): Article 1641 of the Civil Code: The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1642 of the Civil Code: The seller owes no warranty for apparent defects which the buyer could have discovered on his own.

Article 1644 of the Civil Code: Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him, as decided by experts.

Article 1646 of the Civil Code: If the seller ignored the hidden defects in the thing, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.

Article 1648 paragraph 1 of the Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
7.3. Terms of exercise of the guarantees: In case of non-compliance or hidden defect of the product, the Customer shall send his complaint to Merci’s customer service. In case of return of a product, the Customer is invited to follow the procedure set out in Article 9. The exercise of these guarantees takes place at no cost to the Customer, in accordance with Article L.217-11 of the Consumer Code, provided, however, that the latter is entitled to claim the benefit of these guarantees.

Attention: Customers are informed that:

    • They may be required to prove the non-conformity of the product concerned where its nature or the alleged lack of conformity so requires,
    • Merci regularly performs tests on the conformity of products sold and evidence of conformity of the batches analyzed, which are kept in the premises of Merci, may, where appropriate, be opposed to Customers.

In the event that Merci would notice an abuse or bad faith use of the legal guarantee of conformity or latent defects (abnormally high frequency of use, returned product which does not correspond to the product purchased, product returned late and in a state obviously depreciated, nonconformity of a product that clearly results from inappropriate use of the Customer ...), Merci reserves the right to give notice to the Customer to submit, within eight (8) days, his observations on the grievance criticized. In the absence of a response or in the absence of a satisfactory answer, Merci reserves the right to charge the Customer compensation in proportion to the management fees required to process an abusive or in bad faith application.

 

ARTICLE 8 – RIGHT OF WITHDRAWAL

8.1. Scope: Customers are informed that they have the right of withdrawal without giving any reason within a period that expires 14 days after the day on which they themselves, or a third party other than the carrier and designated by them, physically takes possession of the good. In the case of an order for several goods delivered separately or on a good delivered in several lots or parts, this period expires on the day of the possession of the last good / lot / piece. The day the order is concluded or the day of receipt of the goods is not counted within this period. If this period expires on a Saturday, a Sunday or an official public holiday or a non-working day, it is extended until the next business day.

8.2. Exclusion: The right of withdrawal can not be exercised for the contracts listed in articles L. 221-2 and L. 221-28 of the Consumer Code, in particular:

    • Supply of goods made to the consumer's specifications or clearly personalized;
    • Supply of goods that may deteriorate or expire quickly;
    • Supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
    • Providing a newspaper, periodical or magazine, except for subscription contracts to such publications;
    • Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specified date or period;
    • Concerning a tourist package, the use of timeshares or long-term holiday products, the transport of persons.

8.3. Modalities: To exercise their right of withdrawal, Customers are invited, before the expiry of the aforementioned period, to notify their decision of withdrawal to Merci’s customer service by means of a declaration without ambiguity (ex: letter sent by the post, email ...), using if necessary the form provided in the GTC. Customers may also use the procedure provided on the Website by logging into their "return" tab account (an acknowledgment of receipt will be sent without delay).

8.4. Return of the product: After having exercised their right of withdrawal, the Customers are invited to return the good concerned to Merci – 47 rue Ernest Renan – 94200 Ivry sur Seine, without excessive delay and at the latest 14 days after having communicated to Merci their decision of withdrawal. This period is deemed to be respected if the property is returned before the expiry of this period. The costs and risks associated with the return are the sole responsibility of the Customers.

8.5. Refund: In case of withdrawal, Merci will refund all payments received, including shipping costs (except for additional costs arising from the fact that the Customer has chosen a delivery method other than the less expensive means offered by Merci) without undue delay and no later than 14 days from the day that Merci has been informed of the withdrawal decision (the refund may be deferred until Merci has received the property concerned or until the Customer has provided proof of shipment of the goods, the date chosen being the date of the first of these facts). The same method of payment used in the order will be used unless the Customer expressly agrees otherwise. This refund will not incur any fees for the Customers.

8.6. Restraint: Customers who exercise their right of withdrawal may be held liable for the depreciation of the property concerned resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the good. Finally, in exceptional circumstances, provided that Merci justifies itself and informs its Customer in advance, Merci reserves the right to charge the Customer an indemnity proportionate to the management fees required to process the abusive or in bad faith exercise of the right of withdrawal (product returned not corresponding to the product purchased ...) after formal notice to submit, within eight (8) days, his observations on the grievance that is alleged and in the event that the latter would not provide a satisfactory answer.

 

ARTICLE 9 – RETURN

9.1. General: Returned products must be accompanied by all their accessories, the purchase invoice, the return form issued by Merci on the Website or by email, fully protected and sent by post, at the Customer's own risk, at: Merci – 47 rue Ernest Renan – 94200 Ivry sur Seine.

9.2. In case of exercise of the right of withdrawal: The products must be returned at the expense of the Customer in their original packaging and in perfect condition for resale (not altered, damaged or soiled).

9.3. In case of exercise of legal warranties: The products must be returned if possible in their original packaging. Based on the evidence provided by the Customer to Merci’s customer service in connection with the exercise of any of these warranties, Merci may issue a prepaid voucher that will allow the Customer to return the product without having to bear the costs.

 

ARTICLE 10 – INTELLECTUAL PROPERTY

Merci is the owner and / or holder of a large portfolio of protected trademarks and registered at the INPI as well as many domain names also registered and protected. All these elements can not be used, in any way, without its consent (which also means that links with other sites are strictly prohibited).

In addition, as part of its activity, Merci is also required to distribute and / or represent and / or reproduce brands owned or hold by its suppliers. All the elements relating to these trademarks as they appear on the Website or in the communications of Merci are also protected and can not be copied without authorization.

In accordance with the provisions of the Intellectual Property Code, only the use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.

Any infringement of these elements, whether or not protected by the law of intellectual and / or industrial property, will be immediately pursued (including criminal) and sanctioned.

 

ARTICLE 11 – PERSONAL DATA

11.1. General: Merci agrees to treat the personal data collected in accordance with the regulations in force. In this context, Merci undertakes, except as provided by law, to obtain the consent of its Customers each time it collects personal data concerning them (for example by means of cookies). This data is collected and processed for the purposes of customer management, loyalty and promotion, statistics, management of outstanding payments, litigation and customer opinions ... They are kept for the period strictly necessary for the accomplishment of these purposes and are never communicated to third parties, unless it is necessary for the execution of the GTC. The fact that a Customer does not communicate to Merci the data concerning him filled as mandatory may have the consequence of making any use of the Website impossible. The Customer has the right to withdraw his consent, of portability, access, rectification, update and deletion of his data that he can exercise by contacting Merci’s customer service.


11.2. Cookies: A cookie is a file installed on the computer, the mobile phone, the tablet or any other mobile terminal when accessing the Website for the purpose of storing, collecting and reading various information relating in particular to the browsing habits (ex: date and place of connection, language used, number and type of pages visited, navigation preferences etc.). Merci uses cookies to enable its Customers to browse the Website and use its features, measure the audience of the Website and for the purposes of targeted advertising. Beforehand, Merci always makes sure to obtain the consent of its Customers by means of a banner posted on the Website. These cookies are used by Merci for a maximum period of 13 months. Beyond this period, Merci requests again the consent of its customers. Customers have the option to set up, block or delete cookies installed on their terminals by configuring the options of their browser according to the recommendations of the CNIL available here: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser. When a Customer chooses to block the installation of cookies, it is likely that he can no longer access certain terms of the Website.

 

ARTICLE 12 – APPLICABLE LAW - TREATMENT OF CLAIMS - RESPONSIBILITY

12.1. Applicable law: The GTC are fully governed by French law.

12.2. Customer Service: At any time, Customers can contact the customer service of Merci by phone at +33 (0) 1.80.05.29.67 (Monday to Friday from 10h to 18h), by email by writing to eshop@merci-merci.com or by mail at ONLINE / MERCI, customer service, 6 Rue Saint Claude - 75003 Paris.

12.3 Failure of the Customer: Failure by the Customer to comply with the obligations provided for in the GTC (in particular in the event of fraud or attempted fraud or any payment incident) may result in the suspension of access to the Website, or even in the termination of the Customer’s account according to the degree of seriousness of the acts in question, without prejudice to any damages that may be requested by Merci.

12.4. Responsibility of Merci: Unless contrary legal provision of public order, Merci can not be held responsible for the indirect damage caused by its fact or the products marketed at distance or the damages of any kind resulting from the unavailability of the Website. Merci will also be exonerated from all or part of its responsibility in the event that it justifies that the alleged damage was caused by the fact of the victim, a third party or in case of force majeure event as defined by Article 1218 of the Civil Code. In addition, the parties acknowledge that the following events will automatically be considered as force majeure when they are reasonably beyond the control of Merci and despite the fact that they do not meet all the conditions set out in the case law: strikes (announced or not) affecting the performance by Merci and / or its own suppliers of their contractual obligations, the contractual non-performance by Merci resulting from the fact of its suppliers (delivery delay of the supplier ...) or of its carriers (delay, loss of the goods ...), the lockout, the difficult climatic conditions (frost, bad weather ...) as well as any event independent of the will of Merci which makes impossible or questions the financial equilibrium existing on the day of placing the order.

12.5. Mediation: In the event that a dispute could not be previously resolved directly between the parties, the Customer is informed that he has the right to make free use of a consumer mediator for the amicable resolution of his dispute, after reading the information posted on the website of the mediator of _______ (____________________________) and completing the online form. The Customer may also attempt to resolve the dispute through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.

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