Preamble

These general terms and conditions of sale apply between :

MERCI LOUIS, SASU with a share capital of 25,000 euros, registered with the RCS de Meaux under the 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
E-mail: info@mercilouis.com
Intra-community VAT N°: FR75 794512277

Hereinafter referred to as “MERCI LOUIS”.

And

Any natural person acting in a professional capacity or as a representative of a legal entity visiting or making a purchase of an object via the website www.mercilouis.com property of MERCI LOUIS

Hereinafter “Internet user”.

Any order taken on the website www.mercilouis.com implies prior consultation and acceptance of these general terms and conditions.
As the www.mercilouis.com website is an e-commerce site, the Internet User acknowledges that he/she is fully aware that his/her agreement concerning the content of these general terms and conditions of sale does not require a 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/her 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 the full legal capacity to enter into these general terms and conditions and to enter into contracts under French law.

1 – Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of distance selling of the items offered on the online sales area accessible within the website www.mercilouis.com from the placing of the order to the after-sales services and guarantees, through payment and delivery.

2- Opposability of the 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 website at the time the Internet User validates the order.
The different versions of the general terms and conditions of sale are archived by MERCI LOUIS.
The general terms and conditions of sale may be modified or deleted at any time.

3. Unavailability of the site

The website www.mercilouis.com or access to one or more services within the website such as the online sales area may be temporarily or permanently closed without notice or compensation, without any Internet User being able to claim any compensation whatsoever.

4. Items

4.1 Availability

The items offered for sale by MERCI LOUIS are those appearing on the site www.mercilouis.com on the day the internet user consults the site.

Items are offered within the limit of available stocks. Although the stock is displayed in real time on the site 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 his/her convenience as soon as possible after the order is placed.

In this case, MERCI LOUIS may, in agreement with the Internet User, schedule a new delivery date depending on his restocking. In the absence of agreement or the impossibility to dispose of the item ordered, MERCILOUIS will reimburse the sums paid by the Internet User within a maximum period of 10 days, without the Internet User being able to claim any compensation whatsoever.

4.2 Information/guarantees

The utmost care is taken to put information online, prior to placing the order, relating in particular to the essential characteristics of the items on sale, the methods of payment and delivery. However, minor variations in the representation of the object and not relating to the essential characteristics may be present. These variations can in no way engage the contractual responsibility of MERCI LOUIS, pointing out that the objects are entirely designed by hand and then made of noble and authentic materials.
The information put online on the www.mercilouis.com website in no way exonerates the Internet user from taking cognizance of any other information attached to the object or carried on the object or its packaging (precautions for use, cleaning conditions, etc.).

4.3 Use of the objects

The customer undertakes to use the objects in accordance with their intended purpose.
MERCI LOUIS cannot be held responsible for the misuse of the objects, in particular the use for a use other than that intended.

5. Prices

The prices relating to the order of the items are indicated on the online sales area dedicated to this purpose.

The prices are displayed in euros and are exclusive of tax.

Unless otherwise stated, these prices do not take into account shipping costs, which will be indicated in addition to the price at the time the order is placed 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 any shipment made outside the European Union, the Internet User shall carry out the import formalities and pay the duties and taxes due as a result of the import. It is therefore his responsibility to check the regulations applicable in his country.

The prices of the items do not include the communication costs related to 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, the items will be invoiced on the basis of the prices in force at the time the order is registered.

6 – Ordering

6.1 Taking orders

The order process consists of the following steps: – step 1: filling your basket.

– Step 2: The information provided by the Internet User when opening his/her Customer account or at the time of each of his/her orders must be complete, accurate and up to date. Failing this, MERCI LOUIS will not be able to execute the orders. If the Internet User does not wish to provide such information, MERCI LOUIS will not be able to respond favourably to his/her order.

– step 3: consultation of the general terms and conditions of sale.

– step 4: acceptance of all the general terms and conditions of sale by ticking the “general terms and conditions” box (box unchecked by default) and then clicking on the “I accept” box.

– step 5: Validation of the order by clicking on the button “order with payment obligation”.

The Internet User receives an electronic acknowledgement of receipt of his/her order.

Any order placed by the Internet User via the above-mentioned stages constitutes irrevocable acceptance of the general terms and conditions.

6.2 Confirmation of the order

In accordance with the applicable regulations, the contractual information will be confirmed when the time comes 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 in particular:

– the description of the items ;

– the identification of the order number;

– the total amount of the order (price and shipping costs);

– a reminder of the conditions for securing 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 the order, particularly in the event of a refusal to authorise payment, 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 only becomes final 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 the e-mail acknowledging receipt of the said order has been sent to the Internet User.

The working hours for placing orders are Monday to Friday 9am – 7pm.

7 – Payment

7.1 Means of payment

Payment is made online by credit card either via Paypal or via MERCI LOUIS’ partner bank. The invoice of the object will be inserted in the parcel containing the ordered object.

The order is only final 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’ server. All information transmitted from the www.mercilouis.com website to the payment system is systematically encrypted to ensure its 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 increased by three points applicable as from the due date for payment.

In case of contentious debt collection (debt collection agency, lawyer or bailiff) and after a simple letter, the debts of MERCI LOUIS will be increased by 40 euros as a lump-sum collection indemnity and this without prejudice to a claim for these costs in real terms.

7.3 Retention of title

The item delivered remains the property of MERCI LOUIS until full and effective payment of the price by the Internet User. Failure to pay may result in the item being claimed by MERCI LOUIS.

The transfer of the risks of loss or deterioration to the Internet User takes place on the date of dispatch of the item by MERCI LOUIS.

8 – Delivery terms and conditions

8.1 Delivery times

The items ordered by the Internet User will be delivered within a reasonable period of time following confirmation of the order and payment.

In the event of unavailability or a 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 to maintain or cancel the ordered item concerned. In the event of cancellation, the Internet User will be reimbursed without delay and no later than 14 days after payment of the amounts paid by the Internet User.

MERCILOUIS cannot be held responsible for the consequences of any events beyond its control, in particular cases of force majeure or fortuitous events, which tend to delay or prevent the delivery of the ordered item.

8.2 Control of the delivery

MERCILOUIS guarantees the conformity of the object delivered to the essential characteristics described on the site www.mercilouis.com and this for a use in conformity with its destination.

The internet user is obliged to check the state of the packaging and the conformity of the delivered object, and to issue if necessary any reserve on the delivery note of the carrier.

The reason for a refusal or the observation of a damaged package must be clearly notified and signed in the “written reservations” space on the delivery slip issued by the carrier or any other document in lieu thereof. It is imperative that the Internet User immediately notifies these “written reservations” to info@mercilouis.com.

If, on opening a parcel in perfect condition, the Internet User nevertheless notices damage to the items, he/she must inform MERCILOUIS as soon as possible, in the form of a “claim” describing the damage noted, attaching a photo if possible. Any “written reservation” that may have been formulated on the delivery note will be added to the “claim”.

The Internet User must confirm the said “written reservations” and “complaint” within seven (7) working days of receipt. Failure to make a complaint within this period will extinguish any action against MERCILOUIS.

8.3 Carrier

The choice of the carrier belongs to MERCILOUIS except if the Internet user expresses a particular request, and guarantees the good routing of the objects.

The price of the transport is displayed during the stage of placing an order and included in the invoice attached to the parcel.

9 – Guarantee

9.1 Warranty for hidden defects

MERCI LOUIS is bound to respect the legal guarantee of hidden defects, in the sense of article 1641 of the Civil Code which states: “the seller is bound by the guarantee on account of the hidden defects of the thing which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them”.

In all cases, MERCI LOUIS cannot be held responsible for the misuse of the item by the Internet User, for normal wear and tear of the item, or for a lack of maintenance.

9.2 Conforming delivery

MERCI LOUIS is obliged to deliver to the Internet User something that is in conformity, i.e. whose characteristics are exactly those provided for in the contract.

9.3 Non-conformity

Applies only to any buyer qualified as a non-professional by case law.

In the event of non-conformity of the item delivered, the Internet User must inform the Customer Service department of MERCI LOUIS by e-mail, clearly indicating the non-conformity observed.

The Internet User has two years from the day he/she takes possession of the item to implement the guarantee of conformity.

9.3.1 If the defect appears within 6 months of purchase

If the defect of the object appears within 6 months of purchase, it is presumed to exist on the day of acquisition.

9.3.2 If the defect appears more than 6 months after purchase, it is presumed to exist at the date of purchase.

If the defect appears more than 6 months after the purchase, the Internet User can only benefit from the guarantee of conformity if he/she provides proof that the defect existed on the day of purchase.

To this end, the Internet User may present any document that may attest to the non-conformity of the item.

9.3.3 Consideration of the Internet user’s request

MERCI LOUIS undertakes, at the Internet User’s request, to exchange or refund the item to the Internet User, provided that it is returned in its original packaging. In the event of an obvious difference in cost between the two options, MERCI LOUIS will opt for the cheapest solution. In the event of a return due to a defect, MERCI LOUIS will reimburse the postage costs on presentation of the corresponding receipts and in any event according to the current rates. The reimbursement is made in proportion to the price of the item on the totality of the order.

Subject to the Internet User’s consent, MERCI LOUIS may offer him/her a credit note instead of the 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 retraction

This article is intended to apply only to any buyer qualified as a 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 cooling-off period of fourteen days 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 a correct condition, i.e. without excessive handling (no significant deterioration of the packaging), within fourteen days of the communication of 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, etc.) and returned incomplete cannot be taken back. The costs of returning the goods are to be paid by the Internet User.

In the event that the Internet User exercises his/her right of withdrawal, in accordance with the withdrawal form attached in Annex 1, the Internet User shall have the choice of requesting either a refund for 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, where applicable, payment for the shipping costs of the new item if these are higher than those of the initial order and any additional amount of the price of the order.

Consequently, MERCI LOUIS undertakes to send the Internet User the new item chosen as soon as possible.

In the event of a request for refund indicated in the withdrawal form or failing to have checked the box for an exchange of the item, MERCI LOUIS will refund the Internet user within a maximum period of 14 days from the proof of reshipment of the item or failing the effective return of the item by bank transfer (the Internet user must then provide his IBAN) or by paypal.

Any return of items must be requested by e-mail to our customer service department or by telephone as specified at the beginning of this document.

11 – Protection of personal data

The information requested, in particular via the forms, is necessary for processing the order and will be communicated to the service provider(s) in charge of carrying out the order, in particular 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 law n°78-17 of 6 January 1978 relating to information technology, files and liberties, the processing of nominative information collected on the website is subject to a declaration receipt n°1875945 to the National Commission for Information Technology and Liberties. Internet users have the right to access, modify, correct and delete data concerning them. To exercise this right, the internet user must send an e-mail to the MERCI LOUIS customer service department at the e-mail or postal address indicated at the top of these general conditions.

12 – Intellectual Property

The elements belonging to MERCI LOUIS, such as the web site, trademarks, games, drawings, models, images, sound clips and videos, texts, photos, logo, graphic charter, without this list being exhaustive, are the exclusive property of MERCI LOUIS.

The present terms and conditions do not entail any transfer of any kind of intellectual property rights 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 the Intellectual Property Act.

The internet user is forbidden to infringe, directly or indirectly, the property rights of MERCILOUIS and is forbidden to exploit in any way whatsoever, the creations, names, brands, logos. The internet user undertakes to respect the entirety of the rights of MERCILOUIS and refrains from creating any analogy in the public mind for any purpose whatsoever.

Links of the hypertext type towards the home page of the www.mercilouis.com site or any other page must systematically be the subject of a request for authorisation and must be removed on simple request from MERCI LOUIS.

13 – Liability

MERCI LOUIS cannot be held responsible for the non-performance of its obligations due to a fortuitous event and/or case of force majeure in the sense generally accepted by the law and the French courts or for causes beyond its control.

In any case, the responsibility of MERCI LOUIS is limited to the price of the item sold, unless otherwise provided by mandatory legal provisions.

Moreover, MERCI LOUIS cannot be held responsible, to the extent permitted by the regulations in force, for direct damage, notably immaterial or indirect damage which could result from access to the site or inappropriate use of the objects within the meaning of the article “use of the objects”, notably when these objects contain restrictions of use.

It is also recalled that the hypertext links placed on www.mercilouis.com may refer to other sites whose contents remain under the sole responsibility of the operators and owners of these sites.

14 – Force Majeure / Fortuitous Events

Expressly, are considered as cases of force majeure or fortuitous events, those usually retained by the jurisprudence of French courts and tribunals.

The execution 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 execution.

MERCI LOUIS will inform the client of such an act of God or force majeure within fourteen days of its occurrence. Should this suspension continue beyond a period of fifteen days, the Client would then have the possibility to cancel the order in progress, and would then be reimbursed under the conditions set out above.

15 – Completeness

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity and compliance with the rest of these general terms and conditions of sale.

16 – Duration

The present conditions apply for the entire duration of the online services offered by MERCI LOUIS.

17 – Proof

The computerized registers, kept on the servers of MERCI LOUIS or on those of its hosts, will be considered, unless proven otherwise, as proof of communications, orders and payments between the parties.

18-Applicable law

The present conditions are subject to French law. The same is true for the rules of substance as for the rules of form.
Under no circumstances does MERCI LOUIS give any guarantee of compliance with local legislation that may be applicable if an Internet user accesses the site from another country.
In the event of a dispute, in the absence of an amicable agreement, the dispute will be under the exclusive jurisdiction of the competent French court for a dispute opposing MERCI LOUIS to a non-professional and of the Commercial Court of Meaux for a dispute with a professional.

Pursuant to Article L 121-16 et seq. of the French Consumer Code, the Non-Professional Internet User has a withdrawal period of fourteen days from the date of receipt of the order.

I, the undersigned, Mr/Mrs/Ms [to be informed], hereby inform you that I am exercising my right of withdrawal in respect of order no. … placed on your website.

I would therefore ask you to please do so:
– refund the sums paid for this order within a maximum period of 14 days from the date of proof of reshipment of the item or, failing that, 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 if I do not choose between a refund or an exchange of the item, I will be refunded for the above-mentioned order.

I also understand that, in the event of an exchange, I must pay for the shipping costs of the new item if these are higher than those of the initial order and pay the possible complement of the price of the order.

I also undertake to return the item ordered to you at my own expense within 14 days from the date of exercising my right of withdrawal in accordance with the provisions of Article 10 of the GTC, i.e. an item that has not suffered any depreciation.

Done at ….

On ….

Signature

MERCI LOUIS informs Internet users, through this policy, that it may use cookies when the Internet user navigates on the various interfaces and pages of the www.mercilouis.com website (the “Website”) as well as during the registration process, downloading and updating of the latter.

While using the Website, you accept and expressly authorise the use of cookies, in accordance with our Cookie Policy.

How can I disable cookies?

The Internet user can set his or her browser to accept or refuse the cookies he or she receives or to warn him or her when a server wants to keep a cookie or delete it from his or her computer. In the mobile phone, he can delete cookies on the “Settings” option.

To prevent the installation of cookies you must follow the instructions corresponding to the browser used:

Internet Explorer: in the menu “Tools > Internet Options”, click on the “Privacy” tab, select the desired setting and press the advanced settings button. Select “Ignore automatic cookie management”. Mark “Activate” or “Block”. We recommend activating the option “Always accept session cookies” to allow for more optimal browsing on our Website.

Firefox: in the “Tools> Options” menu, click on the “Privacy” tab. Enable or disable “Accept web cookies” or “Tell websites not to track me”, depending on your browser version. You can also eliminate installed cookies by clicking on the option “eliminate cookies individually”.

Chrome: on the “Tools> Settings” menu, click on the “Privacy> Content settings” tab.
After selecting the option “show advanced settings”, click on your preferred cookie setting. If you do not wish to allow the installation, you can select the option “Block site data and third-party cookies”.

Opera: on the menu “Settings > Preferences”, click on the “Advanced” tab.
On the “Cookies” menu select the options “Accept traces” or “Never accept cookies”.
If you wish to have a more exhaustive level of control over the cookies that are installed on your computer, we recommend that you select the option “Ask me before accepting cookies”.

Safari: on the “Tools> Preferences” menu, click on the “Security” tab. On the “Accept Cookies” menu, select “Always” or “Never”. If you have an iPhone, you will need to go to “Settings> Safari” and select whether or not to accept cookies.

If you use another browser, you can obtain more information about the setting for the installation of cookies through the help or assistance section of the browser itself.

MERCI LOUIS may modify the Cookies Policy in accordance with the law, regulations or in order to adapt the policy to the instructions issued by CNIL. MERCI LOUIS advises Internet users to regularly visit the Cookie Policy to be kept informed of the changes.

The Cookies we issue allow us to :
– To adapt the presentation of our site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to our Site, depending on the hardware and the viewing or reading software that your terminal contains.

– To store information relating to a form that you have filled in on our site (registration or access to your account) or to objects, services or information that you have chosen on our site (subscribed service, contents of an order basket, etc.).

– To allow you to access reserved and personal areas of our site, such as your account, thanks to identifiers or data that you may have previously entrusted to us.

– Implement security measures, for example, when you are asked to reconnect to content or services after a certain period of time.