General terms and conditions
These terms and conditions apply between :
MERCI LOUIS, SASU with share capital of 25,000 euros, registered with the RCS of Meaux under number 794 512 277, domiciled at 3 rue des Tilleuls, 77320 La Chapelle Moutils, Telephone: +33 (0)6 86 74 66 89, represented by Jean-Christophe Miquel
Intracommunity VAT number: FR75 794512277
Hereinafter referred to as “MERCI LOUIS”.
Any natural person acting in a professional capacity or as a representative of a legal entity visiting or purchasing an item via the www.mercilouis.com website owned by MERCI LOUIS.
Hereinafter referred to as the “Internet User”.
Any order placed on the www.mercilouis.com website implies prior consultation and acceptance of these terms and conditions.
As www.mercilouis.com is an e-commerce site, the Internet user acknowledges that he/she has been fully informed that his/her agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document.
The Internet user is invited to save and print these general terms and conditions of sale, which are sent to him when the order is confirmed, and which are binding between the parties.
The Internet user declares that he/she is of legal age and has full legal capacity to enter into commitments under these general terms and conditions and thus subscribe to contracts under French law.
1 – Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the distance selling of items offered on the online sales space accessible on the www.mercilouis.com website, from the placing of the order to after-sales services and guarantees, including payment and delivery.
2- Enforceability of general terms and conditions of sale
The version of the general terms and conditions of sale applicable to the Internet user is the one appearing on the site at the time of validation of the order by the Internet user.
The different versions of the general conditions of sale are archived by MERCI LOUIS.
The general terms and conditions of sale may be modified or withdrawn at any time.
3. Site unavailability
The www.mercilouis.com website or access to one or more services within the site, such as the online sales area, may be closed temporarily or permanently without notice or compensation, without any Internet user being able to claim any compensation whatsoever.
The items offered for sale by MERCI LOUIS are those shown on the site www.mercilouis.com on the day of consultation of the site by the Internet user.
Items are offered while stocks last. Although stock levels are displayed in real time on www.mercilouis.com, it is possible that an item may be missing (inventory error or other). Under these conditions, MERCI LOUIS undertakes to inform the Internet User by any means at its convenience as soon as possible after the order has been placed.
In this case, MERCI LOUIS may, in agreement with the Internet User, schedule a new delivery date according to its restocking. In the absence of agreement or of the impossibility of disposing of the ordered object, MERCILOUIS will proceed with the reimbursement of the sums paid by the Internet user within a maximum period of 10 days, without the latter being able to claim any compensation.
Prior to placing an order, the greatest care is taken to ensure that information is available on line, notably concerning the essential characteristics of the items offered for sale, and the terms of payment and delivery. However, there may be slight variations in the representation of the object that do not affect its essential characteristics. MERCI LOUIS cannot be held contractually responsible for these variations, and points out that the objects are entirely designed by hand and made from noble, authentic materials.
The information provided on the www.mercilouis.com website does not in any way exempt the Internet user from taking note of any other information attached to the item or marked on the item or its packaging (precautions for use, cleaning conditions, etc.).
4.3 Object usage
The customer undertakes to use the objects in accordance with their intended purpose.
MERCI LOUIS cannot be held responsible for the misuse of items, in particular use for purposes other than those intended.
The prices for ordering items are shown in the dedicated online sales area.
Prices are shown in euros and do not include VAT.
Unless otherwise specified, these prices do not include shipping costs, which will be indicated in addition to the price at the order placement stage and before the Internet user confirms his/her order.
When the Internet user’s order is confirmed by e-mail, the total amount of the order (price + shipping costs) will be indicated in euros.
For all shipments outside the European Union, the Internet user must complete the import formalities and pay the import duties and taxes due. It is your responsibility to check the regulations applicable in your country.
The prices of the items do not include the communication costs associated with the use of the online sales service, which remain the responsibility of the Internet user.
MERCI LOUIS reserves the right to modify its prices at any time. However, items will be invoiced on the basis of the rates in force at the time the order is registered.
6 – Ordering
The order process includes the following steps: – step 1: fill your shopping cart.
– step 2: The information provided by the Internet user when opening a customer account or placing an order must be complete, accurate and up-to-date. Failing this, MERCI LOUIS will not be able to execute orders. If the Internet User does not wish to communicate such information, MERCI LOUIS will not be able to respond favourably to his/her order.
– step 3: consult general terms and conditions of sale.
– step 4: accept all terms and conditions by checking the “terms and conditions” box (unchecked by default) and then clicking on the “I accept” box.
– step 5: Validate the order by clicking on the “order with payment obligation” button.
The Internet user receives an electronic acknowledgement of receipt of his/her order.
Any order placed by the Internet user via the aforementioned stages constitutes irrevocable acceptance of the general terms and conditions.
6.2 Order confirmation
In accordance with applicable regulations, contractual information will be confirmed at the appropriate time, and at the latest at the time of delivery, by e-mail to the e-mail address indicated by the Internet user on the order form.
This confirmation e-mail will include the following information:
– object description ;
– identification of the order number ;
– the total amount of the order (price and shipping costs) ;
– a reminder of the conditions for secure payment.
It is the responsibility of the Internet user to keep the contractual information on the medium of his/her choice.
MERCI LOUIS reserves the right not to confirm an order, particularly in the event of refusal of payment authorization, incorrect address or any other problem with the user’s account. In this case, MERCI LOUIS will inform the Internet User by e-mail.
The order becomes final only after :
– payment of the full price by the Internet user;
– verification of the availability of the item by MERCI LOUIS as soon as possible after sending the e-mail acknowledging receipt of the said order to the Internet User.
Business hours for placing orders are Monday to Friday, 9am – 7pm.
7 – Payment
7.1 Payment methods
Payment is made online by credit card either via Paypal or via the MERCI LOUIS partner bank. The invoice for the item will be inserted in the parcel containing the ordered item.
The order is definitive only when it has been confirmed by the payment of the price by the Internet user.
For credit card payments made on its site, MERCI LOUIS uses the secure payment service of its partner banks. All information transmitted from the www.mercilouis.com website to the payment system is systematically encrypted to ensure confidentiality.
7.2 Default of payment
In the event of non-payment of the price not justified by a legitimate reason, MERCI LOUIS is entitled to claim late payment interest calculated on the basis of the legal rate in force plus three points applicable from the date payment is due.
In the event of contentious collection (debt collection agency, lawyer or bailiff) and after a simple letter, MERCI LOUIS’s debts will be increased by 40 euros as a flat-rate collection indemnity, without prejudice to a claim for these costs in real terms.
7.3 Reservation of title
The object delivered remains the property of MERCI LOUIS until complete and effective payment of the price by the Internet User. Failure to pay may result in MERCI LOUIS reclaiming the item.
The transfer of risks of loss or deterioration to the Internet User takes place on the date of dispatch of the item by MERCI LOUIS.
8 – Terms and delivery times
8.1 Delivery times
The items ordered by the Internet user will be delivered within a reasonable period of time after the order has been confirmed and paid for.
In the event of unavailability or foreseeable extension of the delivery time of an item, MERCI LOUIS undertakes to inform the Internet User as soon as possible so that the Internet User can then choose whether to maintain or cancel the item ordered. In the event of cancellation, the Internet user will be reimbursed without delay and at the latest within 14 days of payment of the sums paid.
MERCILOUIS cannot be held responsible for the consequences of any events beyond its control, in particular cases of force majeure or fortuitous events, which would tend to delay or prevent the delivery of the item ordered.
8.2 Delivery control
MERCILOUIS guarantees the conformity of the item delivered with the essential characteristics described on the www.mercilouis.com website, for use in accordance with its intended purpose.
The Internet user is responsible for checking the condition of the packaging and the conformity of the item delivered, and for entering any reservations on the carrier’s delivery slip.
The reason for a refusal or the report of a damaged parcel must be clearly notified and signed in the “written reserves” section of the delivery slip issued by the carrier or any other document in lieu thereof. It is imperative that the Internet user immediately notifies firstname.lastname@example.org of any such “written reservations”.
If, upon opening a parcel in perfect condition, the Internet User nevertheless observes damage to the items, he/she must inform MERCILOUIS as soon as possible, in the form of a “claim” describing the damage observed, enclosing a photo where possible. Any “written reservations” formulated on the delivery note will enrich his “claim”.
The Internet user must confirm said “written reservations” and “complaint” within seven (7) working days of receipt. Failure to file a claim within this period will extinguish any action against MERCILOUIS.
The choice of the carrier is MERCILOUIS’s unless the Internet user expresses a particular request, and guarantees the proper delivery of the items.
The price of transport is displayed at the order placement stage and is included in the invoice enclosed with the package.
9 – Warranty
9.1 Warranty against hidden defects
MERCI LOUIS is bound by the legal guarantee against hidden defects, in the sense of article 1641 of the French Civil Code, which states: “the seller is bound by the guarantee against hidden defects in the item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them”.
In all cases MERCI LOUIS cannot be held responsible for the misuse of the object by the Internet user, normal wear and tear of the object, or lack of maintenance.
9.2 Compliant delivery
MERCI LOUIS is bound to deliver to the Internet User a conforming item, i.e. one whose characteristics are exactly those stipulated in the contract.
Applies only to non-professional buyers.
In the event of non-conformity of the item delivered, the Internet User must inform MERCI LOUIS Customer Service by e-mail, clearly indicating the non-conformity.
The Internet user has two years from the day he takes possession of the item to invoke the conformity warranty.
9.3.1 If the defect appears within 6 months of purchase
If the defect appears within 6 months of purchase, it is presumed to have existed on the date of purchase.
9.3.2 If the defect appears more than 6 months after purchase
If the defect appears more than 6 months after purchase, the Internet user may only benefit from the warranty of conformity if he can prove that the defect existed on the day of purchase.
To this end, the Internet user may present any document likely to attest to the item’s non-conformity.
9.3.3 Consideration of the Internet user’s request
MERCI LOUIS undertakes, with regard to the Internet User’s request, to exchange or reimburse the item to the Internet User, provided that it is returned in its original packaging. In the event of a clear cost difference between the 2 options, MERCI LOUIS will opt for the less expensive solution. In the event of a return due to a defect, MERCI LOUIS will reimburse shipping costs on presentation of the corresponding receipts and in any case according to the current rates. Reimbursement will be made on a pro rata basis of the price of the item for the entire order.
Subject to the Internet User’s consent, MERCI LOUIS may offer a credit note instead of an exchange or refund.
The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 10.
10 – Right of withdrawal
This article is intended to apply only to buyers who are qualified as non-professional by case law. Otherwise, the right of withdrawal does not apply.
Pursuant to article L 121-16 et seq. of the French Consumer Code, the Internet user has a fourteen-day cooling-off period from the date of receipt of the order.
If the Internet user makes use of this right of withdrawal, the item must be returned in its original packaging, in good condition, i.e. without excessive handling (no significant deterioration of the packaging), at the latest within fourteen days of communicating his/her decision to withdraw, accompanied by any accessories and notices, and an indication of the invoice to which the items relate.
An item that has suffered depreciation as a result of handling (in particular, damaged, scratched, soiled, returned incomplete, etc.) cannot be taken back. Return shipping costs are the responsibility of the Internet User.
In the event of exercising the right of withdrawal, in accordance with the withdrawal form attached in appendix 1, the Internet user will have the choice of requesting either a refund of the order, with the exception of the return costs incurred, or an exchange of the item. In the event of an exchange, the Internet user must enclose payment of the shipping costs for the new item if these are higher than those for the initial order, and any supplement to the price of the order.
MERCILOUIS then undertakes to send the Internet User the new item chosen as soon as possible.
In the case of a request for reimbursement indicated in the retraction form or in the absence of having ticked the box for an exchange of the item, MERCILOUIS will reimburse the Internet user within a maximum period of 14 days from the proof of reshipment of the item or in the absence of the effective return of the item by bank transfer (the Internet user must then provide his IBAN) or by paypal.
All returns must be requested by e-mail from our customer service department or by telephone as specified at the top of this document.
11 – Protection of personal data
The information that is requested, notably via the forms, is necessary for the processing of the order and will be communicated to the service provider(s) in charge of carrying out the order, notably the carrier and/or any competent authority for the settlement of a dispute between MERCI LOUIS and an Internet User. They may also be used to get to know the Internet user better and to adapt the MERCI LOUIS offer to the needs of the Internet user.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on this website has been registered with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés) under number 1875945. Internet users have the right to access, modify, rectify and delete data concerning them. To exercise this right, the Internet user must send an e-mail to the MERCILOUIS customer service department at the e-mail or postal address given at the top of these general conditions.
12 – Intellectual property
The elements belonging to MERCI LOUIS, such as the web site, brands, games, drawings, models, images, sound and video clips, texts, photos, logo, graphic charter, without this list being exhaustive, are the exclusive property of MERCI LOUIS.
The present general conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to MERCI LOUIS to the benefit of the Internet User. MERCI LOUIS grants you a non-exclusive, personal, non-transferable right of access to the site for use in accordance with the conditions defined herein. Any other use constitutes an infringement and is punishable under French intellectual property law.
The Internet user agrees not to infringe, directly or indirectly, the property rights of MERCILOUIS and agrees not to exploit in any way whatsoever, the creations, names, brands, logos. The Internet user undertakes to respect all the rights of MERCI LOUIS and to refrain from creating any analogy in the mind of the public for any purpose whatsoever.
Hypertext links to the home page of the site www.mercilouis.com or any other page must systematically be the subject of a request for authorization and must be withdrawn on simple request from MERCI LOUIS.
13 – Liability
MERCI LOUIS cannot be held responsible for the non-fulfilment of its obligations due to a fortuitous event and/or force majeure as generally accepted by French law and courts or for causes beyond its control.
In any case, the liability of MERCI LOUIS is limited to the price of the item sold, except in the case of imperative legal provisions to the contrary.
Furthermore, MERCI LOUIS cannot be held responsible, to the extent permitted by the regulations in force, for any direct, immaterial or indirect damage that may result from access to the site or from inappropriate use of the objects as defined in the article “use of the objects”, particularly when these objects contain restrictions on use.
Please note that hypertext links on www.mercilouis.com may lead to other sites whose content is the sole responsibility of the operators and owners of these sites.
14 – Force Majeure / Acts of God
Force majeure and fortuitous events are expressly considered to be those generally accepted by the jurisprudence of French courts and tribunals.
The performance by MERCI LOUIS of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.
MERCI LOUIS will inform the customer of any such fortuitous event or force majeure within fourteen days of its occurrence. Should this suspension continue beyond a period of fifteen days, the Customer will then have the option of cancelling the order in progress, and will be reimbursed in accordance with the conditions set out above.
15 – Integral
Should any of the clauses of this contract be rendered null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the remainder of these general terms and conditions of sale.
16 – Duration
The present conditions apply for the duration of the online services offered by MERCI LOUIS.
17 – Proof
The computerized registers, kept on the MERCI LOUIS servers or on those of its hosts, will be considered, in the absence of proof to the contrary, as proof of communications, orders and payments between the parties.
The present conditions are subject to French law. This applies to both substantive and formal rules.
Under no circumstances does MERCI LOUIS guarantee compliance with local legislation that may be applicable when an Internet user accesses the site from another country.
In the event of a dispute, failing amicable agreement, the dispute will fall under the exclusive jurisdiction of the competent French court for a dispute opposing MERCI LOUIS to a non-professional and of the Tribunal de Commerce de Meaux for a dispute with a professional.
[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row][vc_row][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″][vc_custom_heading heading_semantic=”h1″ text_size=”h1″ css_animation=”bottom-t-top” animation_speed=”1000″]APPENDIX 1 WITHDRAWAL FORM[/vc_custom_heading][vc_column_text css_animation=”bottom-t-top” animation_speed=”1000″]
In application of article L 121-16 et seq. of the French Consumer Code, the non-professional Internet user has a fourteen-day withdrawal period from the date of receipt of the order.
I, the undersigned, Mr/Mrs/Ms [a renseigner], hereby inform you that I am exercising my right of withdrawal in respect of order no. … placed on your website.
I hereby request that you :
– reimburse the sums paid for this order within a maximum of 14 days from the date of proof of reshipment of the item or, failing this, from the date of the actual return of the item ordered;
– exchange the item for the item referenced … on your site.
I have taken note that in the absence of a choice between reimbursement and exchange of the item, I will be reimbursed for the aforementioned order.
I also understand that, in the event of an exchange, I must pay the shipping costs for the new item if these are higher than those for the initial order, as well as pay any supplement to the price of the order.
I also undertake to return the item ordered to you at my expense within 14 days of the date on which I exercise my right of withdrawal, in compliance with the provisions of article 10 of the General Terms and Conditions, i.e. an item that has not suffered any depreciation.
Done at …..
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