Article 1. Our sales policy
Mercier sells products on its website (hereinafter, the “Product(s)” and the “Website,” respectively), operating its own electronic business, exclusively for end users, hereinafter referred to as “Customer(s).”
“Mercier” refers to the company Manufacture Mercier SAS, a simplified corporation headquartered at 6 rue Saint Lazare, 75009 Paris, France, registered with the Paris Trade & Companies Register under number 883 758 088 and represented by its Chief Executive Officer, duly authorized for the present purposes.
“Customer” refers to any natural person who is not making a purchase for professional purposes or for any purposes associated with a business. In view of the sales policy described above, the Website reserves the right to not fulfill orders from parties that do not meet the above definition of a Customer or orders that do not adhere to its sales policy.
These General Terms of Sale (hereinafter, the “GTS”) alone will govern all online sales made via the Website, to the exclusion of any other document, namely including the terms and conditions applicable to in-store sales and those for other marketing and distribution channels.
By placing an order for a Product on the Website, the Customer acknowledges having read through the GTS and accepts them unreservedly. Said acceptance is in no way conditional upon signature by the Customer’s hand. The Customer’s use of the Website is also governed by the latter’s legal notice, which the Customer accepts unreservedly and which can be accessed at the following address: wwww.xxx.
It is hereby stipulated that the Customer may save or print the present GTS, but may not modify them in any way. Mercier reserves the right to update the GTS at any time, namely in consideration of any changes to the applicable standards. In that case, the new version will come into effect on the date of its publication on the Website.
Article 2. Online purchases
The order form contains all of the information essential to the order, the price(s) of the Product(s) (including any applicable taxes), the available payment and shipping methods, and the cost of shipping.
The Products for sale are those that appear on the Website, on the date of the Customer’s visit, subject to Product availability.
The greatest care is taken in the presentation of the Products on the Website to ensure compliance with Article L.111-1 of the French Consumer Code. For that reason, the Products are presented by means of an information sheet, prepared with the greatest care and precision by professional experts, to ensure the descriptions are as accurate and complete as possible. However, given the digital method of presentation of the Products online, and namely due to the technical limitations on the rendering of colors by the computer hardware, screen or browser on which they are viewed, perceptions of colors and/or the materials may vary.
Before a Customer purchases a Product by submitting the order form, they are asked to carefully review the GTS. Before a Customer submits the order form, they are also asked to check for and correct any errors in the data they entered.
Once the contract has been concluded, Mercier then processes the order.
Each order form is archived in our data bank for the time required to ship the orders and in accordance with legal requirements. Customers can access their order forms by logging onto the Website and navigating to My Account > My Orders.
The Products are offered for purchase, subject to availability, and any mention of Product stock levels appearing on the Website is provided as an indication only, dependent on how frequently updates can be made. Should a Product be unavailable, the Customer will be notified by email, as soon as possible, of the cancellation of the order or a portion thereof. Consequently, any order placed for an unavailable Product, for which payment has been made, will not give rise to any compensation or indemnification, other than the reimbursement of said Product and any associated shipping charges.
Article 3. Product information
All Products prices are firm. The rate in effect is the one stated on each Product page on the Website, save in the event of a typographical error. Those prices are inclusive of VAT, at the rate in effect on the date of order placement. Any shipping and handling charges will be billed in addition to the Product prices. The Customer will be notified of these during the order placement process. Those charges are always a fixed, flat amount.
Mercier reserves the right, which the Customer accepts, to change its prices at any time, without any formality other than applying those changes to the Website. Those changes will not, however, have any impact on orders accepted by the Website prior to implementation of those changes, subject to Product availability.
If a Customer chooses to exercise their right to return an order, Mercier may not accept the return of Products that are missing their tags, whose essential or qualitative characteristics have been altered or that have been damaged.
Article 4. Order Placement process
Customers are free to browse through the different pages on the Website, so they can learn about the different Products available for purchase, with no obligation to complete a purchase.
An order can only be recorded if the Customer has first logged in with their personal username and password.
When placing a first order on the Website, the Customer selects a username (their email address) and a password, used to personalize their visits. They are also asked to provide certain information that is required to process and fulfill their orders.
Thereafter, each time a Customer visits the Website, they can log in with their username and password. The combination of those two entries constitutes proof of the Customer’s identity.
Each Customer is responsible for protecting their own username and password. In the event of a lost password, the Customer can click on “Forgot Your Password?” to receive an email containing a link to reset their password.
To place an order, the Customer adds the desired Product(s) to their “cart” (or removes them to correct any mistakes).
Before submitting the order and making their payment by clicking on “CHECKOUT,” the Customer is first given the chance to review the details of the order and correct any mistakes by going back to their shopping cart.
The Customer must then click, « Pay now,” to confirm the order and choose their payment method on the same page.
The sale will only be considered as concluded when Mercier sends the Customer an order confirmation email.
That order confirmation email will include the order number, the Product(s) ordered by the Customer and their price(s), the shipping method and time and the address for or a link to Customer Service, should the Customer have any questions about their order.
Article 5. Payments
To pay for the price of the Products and their shipping, Customers must follow the instructions provided on the order form.
For payments made by credit/debit card, the financial information (credit/debit card number, expiration date, etc.) is sent to STRIPE, such that third parties may not, under any circumstances, have access to it. Mercier will never use that information other than to complete the procedures associated with the Customer’s purchase, or to issue a refund in the event of a Product return, under the Customer’s right to return, or to inform or report any occurrences of fraud on the Website to the police.
Your card payments are secure, thanks to the 3D Secure platform, which offers a second layer of cardholder identification via a secure, single-use code sent by text message. Your bank can only confirm your payment once that secure code has been input. Under no circumstances will Mercier store your financial information. All refunds are transmitted by secure, encrypted means.
The purchase price and shipping expenses for the Product(s) shown on the order form will be charged to your payment account at the time of purchase of the Product(s).
Payment by check is not accepted.
Mercier reserves the right to refuse any orders or shipments if the Customer has exceeded the ceilings set out herein, if there is an open dispute with the Customer, if the Customer has an outstanding amount on a previous order, or if the financial institution declines the payment by card. The Customer guarantees that they have the necessary permission to use the payment method selected at the time of order placement. If the bank declines the payment, the order will automatically be canceled, and the Customer will be notified by email.
Customers are advised that they should retain their order summaries.
Order data are stored in the information systems of Mercier and its partner bank. Those companies’ records are considered to constitute proof of all transactions on the Website between the parties.
The Website has a security system.
Mercier warrants that the encryption methods and services used to secure the transactions have received authorization or have been reported, in accordance with current legislation.
Article 6. Shipping and returns
For any orders, Monday to Friday (excluding holidays), the ordered Product(s) are shipped within 48 hours. Depending on the shipping country, Products are delivered by Colissimo within three to five business days of order confirmation by Mercier. The carrier alone is responsible for any late deliveries beyond the indicated time, which will not, under any circumstances, give rise to any indemnification of the Customer. Shipping may be free with purchases over a certain amount. In any case, the shipping charges are clearly indicated to the Customer during the order process.
For security reasons, orders may not be placed with a shipping address at a hotel or other temporary accommodation, general delivery to a post office, a PO box, a non-fixed address or residence (including, but not limited to, mobile homes, trailers and campgrounds) or in a shared space where a permanent individual address cannot be attributed to a natural person or legal entity.
Customers must pay special attention to the addresses they provide on the order form, particularly the shipping address. If a Customer makes a mistake in the shipping address, the carrier will return the package with the note, “NATA” (“not at this address”). In that case, the Customer will remain responsible for the shipping costs.
Customers must inspect the condition of the products on delivery. Any problems with a shipment (damaged package, missing Product(s), late delivery, etc.) should be recorded as reservations on the delivery slip presented by the carrier. When a Customer reports a missing Product, the investigation conducted with the carrier may take up to 21 business days. If, during that time, the Product is located, it will immediately be re-routed to the shipping address provided on the order. However, if the missing Product is not located within that timeframe, Mercier will send another shipment in replacement of the missing Product originally ordered by the Customer.
Article 7. Packaging
Every order is placed in a refined package, emblazoned with the Mercier logo and prepared with the greatest care: tissue paper and a box or cotton bag.
Article 8. Returns & exchanges
Pursuant to the provisions of Article L.221-18 of the Consumer Code, Customers have 14 full days to return the ordered Product(s). That period begins on the first business day after the date of delivery of your order or delivery of the last product, in the case of orders shipped in multiple packages. All Products must be returned intact, complete, clean and in their original packaging.
You can exercise your right to return a product simply by completing the return slip attached to the order and sending back the unwanted items.
You can contact our Customer Service team for help or for more information about this procedure and/or to request a new return slip or a prepaid return label, if lost.
Returned Products are always inspected. Any incomplete, damaged, used or dirty returned Product will not be accepted and may, at Mercier’s discretion, be returned to you, at your expense, or be kept by Mercier. Under no circumstances can a refund or exchange be requested or given in-store.
When the aforementioned return conditions have been met, Mercier will issue a refund to the Customer for all of the costs incurred by the latter in relation to the returned Products, within 14 days of the date on which the Customer exercised their right to return, in accordance with Article L.221-24 of the Consumer Code. That refund will be made via the same payment method as the one used to make the purchase.
If the person who received the Product(s) is not the same as the person who made the payment, the refund on the return will always be made to the person who paid for the order.
Article 9. Product Warranty
Customers enjoy the compliance warranty defined by Articles L217-4 and following of the Consumer Code, as well as the statutory warranty against latent defects set out in Articles 1641 to 1649 of the French Civil Code, as reproduced below.
Article 1641 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 The seller owes no warranty for apparent defects which the buyer could have discovered on his own.
Article 1642-1 The seller of an immovable to be built may not be discharged, either before approval of the work or before the expiration of a period of one month after the buyer has taken possession, for defects in the construction or failures in the fitness then apparent.
The contract may not be dissolved nor its price diminished if the seller obligates himself to repair the thing.
Article 1643 The seller is liable for hidden vices even though he did not know of them, unless he has stipulated that he would not be bound to any warranty.
Article 1644 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.
Article 1645 If the seller was aware of the vices in the thing, he is bound not only to return the price he received but also all damages the buyer has suffered.
Article 1646 If the seller did not know of the vices in the thing, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.
Article 1646-1 The seller of a building to be constructed is responsible, from the date of acceptance of the work, for the obligations for which the architects, contractors and other persons bound towards the owner or general contractor by a contract of hiring of industry and services are themselves liable under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These warranties benefit the successive owners of the building.
The buyer may not seek the dissolution of the sale or a diminution of the price if the seller binds himself to repair the damages specified in Articles 1792, 1792-1, and 1792-2 of this Code and to assume the warranty provided for in Article 1792-3.
Article 1647 If the thing that had vices has been destroyed because of its bad quality, the loss is for the seller who is liable to the buyer for the restitution of the price and other damages as explained in the two preceding Articles.
But the loss that occurred because of a fortuitous event is for the buyer.
Article 1648 An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity.
Article 1649 The action in warranty for redhibitory vices is not available in judicial sales.
Article 10. Personal information
Entry of the personal information requested for an online purchase is required, as they are needed to be able to process and ship the orders and to produce invoices. All of that information is kept strictly confidential. Failure to input the required information will automatically lead to rejection of the order. Pursuant to French Data Protection Act 78-17 of January 6, 1978, the processing of the personal information collected via the Website has been declared to the CNIL (French Data Protection Authority). Customers have the right to access, modify, correct and erase their personal data. To exercise that right, Customers will need to send an email to email@example.com. Customers may receive informational emails from the Website about Mercier’s Products and activities. Customers have the right to opt out of such communications, either by not giving their consent when creating their account on the Website, or at any time later on their account management pages, or by clicking on the unsubscribe link in one of those informational emails, or by emailing their request to firstname.lastname@example.org.
Customers can terminate their personal accounts by emailing their request to email@example.com. Furthermore, Mercier reserves the right to terminate a Customer’s account, without notice, legal formality or compensation, either by email or by mail, in the event of the Customer’s use of the e-commerce service or the Website in violation of public policy and/or public decency, infringement of Mercier’s intellectual property rights, or the misappropriation or unauthorized use of their username and password. Mercier may not, under any circumstances, be held liable by the Customer or by any third party for the termination of an account under the conditions set out in this article.
Article 11 Intellectual property
The intellectual property rights attached to the Products sold on the Website are and will remain the exclusive property of Mercier. All exploitation rights are exclusively reserved for Mercier. Under those conditions, no one may reproduce, exploit, disseminate or use the intellectual property rights, even partially, for any purpose whatsoever, without the prior written agreement of Mercier. The Mercier brand and logo are registered trademarks. Consequently, any reproduction thereof will constitute an infringement.
Article 12. Complaints & mediation
In the event of a question or a complaint, Customers may first address Mercier’s Customer Service team by email or by phone, via the contact information provided in the FAQ, or by sending a letter to Mercier’s headquarters at 6 rue Saint Lazare 75009 Paris, France.
According to the French Law of 6th January 1978 called “Informatiques et Libertés” as modified thereafter and to the European General Data Protection Regulation #2016/679 called “GDPR”, you can, anytime, file a complaint to the French data authority (the CNIL) by email, phone or post mail as follows: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
Article 13. Miscellaneous provisions
Product ownership is only transferred to the Customer upon payment in full of the price of the Product. Nevertheless, the risks associated with shipped Products (namely their loss, theft or damage) will only be assumed by the Customer as of the date of their actual delivery.
Mercier may not be held responsible for the total or partial failure to fulfill its obligations, if that failure is due to the occurrence of a force majeure event, as recognized by French case law, that is inevitable, unpredictable and outside Mercier’s control and that prevents the latter’s fulfillment of the contract. In that case, Mercier will notify the Customer to offer them one or more alternative solutions. The occurrence of such an event is a valid reason for suspending and/or extinguishing Mercier’s obligations to the Customer, without compensation for the latter.
Mercier archives all orders and payment receipts on reliable, durable media constituting a true copy thereof, in accordance with current legislation.
The parties agree that Mercier’s computerized records are proof of the communications, orders, payments and transactions that occurred between them.
The Customer agrees that all electronic correspondence, communication and information-sharing between Mercier and the Customer are assumed to have the same probative force as when written on paper.
If any of the stipulations set out in the GTS should be nullified by a current law or final court ruling, it will then be considered as void, but will not invalidate the contract, nor alter the validity of its other provisions.
Article 14. Applicable law
The present GTS and all orders are governed by French law.
Last updated on 06/06/2020