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1.1 Physical Products
The Selling Terms and Conditions detailed below (hereinafter "Terms and Conditions") shall govern the contractual relationship between Mercaway and all users of the Mercaway.com website (hereinafter "User" or "You" or "Client" or "Consumer" or "Customer”) and the Mercaway.com trade name, which is owned by Mercaway SARL, a French limited company ("société à responsabilité limitée (SARL)") with share capital of EUR 50,000, whose registered office is located at 166 Rue du Faubourg Saint-Honoré, 75008 Paris, France and which is registered in the Paris Trade and Companies Registry under number B 477 854 798 (hereinafter "Mercaway"). Mercaway's intra-community VAT number is : FR 48 477 854 798.
These are the only Selling Terms and Conditions applicable, and they replace all other Terms and Conditions, unless otherwise expressly agreed in writing. Mercaway may modify certain provisions of these Terms and Conditions. Consequently, it is necessary to consult them at the time of each visit to the Mercaway.com website (hereinafter "the Website"). These modifications are effective as of the time that they are put online and shall be applied to orders made after they are put online. Each purchase from the Website shall be governed by the Terms and Conditions in effect on the date of the Order. We consider that by validating your order, you agree to our Terms and Conditions unconditionally and with full knowledge thereof.
1.2 Downloadable Products and Services
The Selling Terms and Conditions detailed below (hereinafter "Terms and Conditions") shall govern the contractual relationship between Mercaway and all users of the Mercaway.com website (hereinafter "User" or "You" or "Client" or "Consumer" or "Customer”) and the Mercaway.com trade name, which is owned by Mercaway SARL, a French limited company ("société à responsabilité limitée (SARL)") with share capital of EUR 50,000, whose registered office is located at 166 Rue du Faubourg Saint-Honoré, 75008 Paris, France and which is registered in the Paris Trade and Companies Registry under number B 477 854 798 (hereinafter "Mercaway"). Mercaway's intra-community VAT number is : FR 48 477 854 798.
These are the only Selling Terms and Conditions applicable to Orders of Downloadable Products and Service, and they replace all other Terms and Conditions, unless otherwise expressly agreed in writing. Mercaway may modify certain provisions of these Terms and Conditions. Consequently, it is necessary to consult them at the time of each visit to the Mercaway.com website (hereinafter "the Website"). These modifications are effective as of the time that they are put online and shall be applied to orders made after they are put online.
"Downloadable Products" shall mean all intangible goods purchased by a Customer from the Mercaway.com website. After the Order has been placed, the Customer may download the e-Product(s) to his/her computer or to the computer from which he/she identified himself/herself.
In particular, Downloadable Products include electronic documents, digital information and information technology services of all types. Downloadable Products may also include ring tones, logos or images that are compatible with mobile telephones or other PDAs.
Services are the IT or web services of any kind (in particular the website design and hosting, blogs etc...).
Mercaway considers that by validating his/her order, the Customer agrees to these Selling Terms and Conditions, unconditionally and with full knowledge thereof.
The Customer may in no event assert the provisions of the "terms and conditions for the Physical Products" if he/she orders a downloadabe Product or an online Service from the Mercaway.com website.
In order to fully inform the Customer :
These are the only Selling Terms and Conditions applicable to Orders of Downloadable Products and Service, and they replace all other Terms and Conditions, unless otherwise expressly agreed in writing. Mercaway may modify certain provisions of these Terms and Conditions. Consequently, it is necessary to consult them at the time of each visit to the Mercaway.com website (hereinafter "the Website"). These modifications are effective as of the time that they are put online and shall be applied to orders made after they are put online.
In order to fully inform the Customer :
- The description "Physical Product" or "downloadable Product" or "online Service" shall be specified at the time of the Order.
- The "Selling Terms and Conditions for Physical Products" shall be applied to Orders of Physical Products.
Mercaway shall in no event be deemed a publisher of software or any other information system or digital Products or media.
For the purpose of placing orders, Mercaway has placed the following website at your disposal :
(24 hours a day, 7 days a week).
Mercaway uses the greatest care in posting information online regarding the essential features of the Products, relying in particular on the technical descriptions provided by our partners and Shops and photographs of the Products, within technological limits and in compliance with the best practices of the industry.
4.1 Physical Products
The User hereby acknowledges and agrees that Mercaway will fulfil the order within the limit of its available stock and that of its partners and Shops.
If a Product ordered by the User is not available from Mercaway's stock or that of its Shops, Mercaway undertakes to contact the Customer by e-mail within a period of 30 days as from the date of the order to inform him/her of the delay and advise him/her of the time period within which the Product will be delivered, if applicable.
If certain of the goods ordered are temporarily or permanently unavailable, Mercaway undertakes to send to the Customer, through the shop, other similar available Products for the remainder of the order.
4.2 Dowbloadable Products or Service
The User hereby acknowledges and agrees that Mercaway will fulfil the order within the limit of its available stock of downlodable Products or Service and that of its partners and Shops. If a downloadable Product or an online Service ordered by the User is not available from Mercaway or its Shops, Mercaway undertakes to contact the Customer by e-mail within a period of 3 (three) days as from the date of the order to inform him/her of the delay and advise him/her of the time period within which the downloadable Product or online Service will once again be available, if applicable.
If at the end of this time period, the downloadable Product or the online Service is still unavailable, Mercaway undertakes to reimburse the Customer the amount corresponding to the downloadable Product or the online Service not delivered.
In accordance with statutory consumer protection provisions, sales prices on the Website are quoted in Euros, and inclusive of VAT in accordance with the regulations in force, unless stated otherwise for Customers located outside the EU.
For all French and EU Customers, VAT is 19.6%, except in the event that a lower rate of VAT is applicable.
VAT is not invoiced for Customers who are residents of countries that are not members of the European Union. For such Customers, prices will be modified in accordance with the VAT regulations to which they are subject.
Customs duties and other specific and/or local taxes must be paid to the delivery company upon receipt of the package.
VAT is not invoiced for Customers who are residents of the French overseas departements and territories (Dom-Tom). VAT and applicable taxes must be paid to the delivery company upon receipt of the package.
The intra-community VAT number is stated in the introduction above.
Due to the fact that the mercaway.com Website is intended to be used for export sales, prices are also quoted in USD and GBP.
However, the costs of shipment are not included in the prices of the Products. The Customer is offered a choice of shipment methods before he/she validates his/her basket, and the corresponding shipment costs shall be invoiced at the end of the order in addition to the price of the Products selected.
Mercaway reserves the right to revise its prices unilaterally, at any time, but undertakes to apply the prices in effect as indicated to you on the Website at the time you place your order.
Mercaway has selected a secure payment system which encrypts all of your information related to the use of your credit card during the online payment transaction on the Website. The small lock (located on the bottom left-hand side of the relevant page) and the notice posted on the webpage assures the Customer that the sending of data and the payment process is secured.
Mercaway accepts the following credit cards for payment : Visa, MasterCard, American Express, Diners Club, JCB, Maestro UK and Solo. At the time of payment, you must provide your credit card number, the card's date of expiry and the visual cryptogram on the back of the card.
Mercaway shall in no event be liable for the consequences of any use (whether fraudulent or otherwise) of the credit card by a third party, in particular in the event that messages are intercepted.
7.1 Physical Products
Products ordered and purchased from the mercaway.com Website can be delivered in continental France, the French overseas départements and territories (Dom-Tom), the European Union and outside the European Union (within the limit of countries served by the delivery service providers).
Delivery of the Product(s) to the Consumer occurs by delivery to the shipper.
Deliveries are carried out by service providers specialising in logistics and shipping (in particular : La Poste, Chronopost, FedEx, US Postal, UPS and DHL). Mercaway does not stock goods in its own warehouses. Accordingly, shipments of orders are carried out between the shop and the Customer.
Your order will be delivered to you, within a maximum period of 30 business days, at the address that you indicate at the time you place the order.
Costs of shipment and delivery, and customs duties and other specific and/or local taxes, shall be borne exclusively by the Customer. These vary on the basis of the various carriers' rates, their shipment options and the local tax laws applicable to Products delivered and the type of Customer.
Consequently, the Customer shall be invoiced directly for costs of shipment at the time the order is placed. The details thereof shall appear on the Customer's invoice.
The Customer bears the risk of the shipment as from the time the Product(s) is (are) handed over to the carrier.
The Customer alone shall be responsible in the event that the address he/she provides is not valid. Mercaway shall in no event be liable on such basis. The Customer shall follow the procedure set up by the shop in the event of the Customer's absence. Furthermore, in such case, Mercaway shall not provide information regarding the status of the order.
In the event that the Customer is not present at the time of delivery, he/she shall be responsible for complying with the procedure set up by the carrier for such circumstances. Mercaway shall in no event provide information regarding the status of the order.
Mercaway uses all means at its disposal to ensure that delivery periods are met. However, we cannot be held liable for the consequences of a delay in delivery or the loss of a package caused by the act of a third party or yourself, or by an unforeseeable event beyond our control that constitutes an event of force majeure.
In the event that a package is not received within the maximum period of 30 business days stated above, Mercaway will investigate the matter with the carrier and its Shops. Mercaway undertakes to inform the Customer with regard to the investigations and enquiries conducted. Due to the fact that the goods are shipped by the shop or Mercaway and that such enquiry may take several days, the Customer shall have no right to claim a refund or to return the goods on such basis.
Mercaway gives the Customer the right to report reservations concerning the conformity of the goods on the delivery slip within 7 days as from the date the goods are received.
In addition to such reservations, Mercaway requests that its Customers advise it of their reservations in a detailed e-mail and letter sent recorded delivery with advice of receipt to the following addresses :
and
Mercaway
166 Rue du Faubourg Saint-Honoré
75008 Paris
France
Of course, the warranties required by the French Civil Code ("Code Civil") (in particular, by Produit 1641) shall remain applicable.
The Customer shall bear the costs of returning the Product. Mercaway shall accept returns only if the Products are in their original condition, including the Products' packaging, accessories and instruction manuals.
If the lack of conformity is apparent, the Customer shall have a choice between the repair or replacement of the Product, except in the event that the option chosen results in a disproportionate cost as compared to the other option.
7.2 Downloadable Products or Service
The Customer personally selects the downloadable Product or the online Service that he/she will download/use after confirmation of payment and validation of the order. Accordingly, it is the Customer's responsibility to verify the compatibility of the hardware and software on which the downloaded media is to be installed.
8.1 Physical Products
Pursuant to Article L 121-20 of the French Consumer Code ("Code de la Consommation"), the Customer has a period of seven business days to return to Mercaway any Product with which he/she is not satisfied. Therefore, during that seven-day period, you may return the Product, at your expense, together with your invoice and the return form carefully completed and signed.
The Customer shall bear the risk of shipment in the event of a return.
Only Products returned in new and complete condition (accessories, instruction manuals), in their original packaging, shall be accepted.
Products that have been damaged, or whose packaging has been damaged beyond the mere opening thereof, shall not be refunded, or shall be refunded only partially.
The periods described above run as from the day on which the goods ordered are received.
This statutory right of withdrawal may be exercised without penalty, with the exception of costs of shipment.
The statutory warranty (Article 1641 of the French Civil Code) does not cover repair of damage due to causes unrelated to the Product (eg : damage due to impact or incompatibility with the electrical system) or acts of the Customer, in particular non-compliance with the manufacturer's instructions.
In the event of a refund, the Customer shall be reimbursed by cheque, a credit to his/her credit card or by bank transfer. The reimbursement method is within Mercaway's discretion.
8.2 Dowbloadable Products or Service
To the extent that the terms and conditions for the shops of Downloadable Products or online Servicers apply, the Customer shall not benefit from the seven-day withdrawal period provided by the French Consumer Code ("Code de la Consommation").
In all circumstances, packages returned to us must be shipped by tracked and recorded mail to the shop's address stated on the package. Prior to any return, an e-mail must be sent to :
Unless specifically requested by Mercaway, Mercaway shall refuse all Products returned to its registered office or to any address other than that of the shop.
The Downloadable Products or the Service available for downloading/using from the Mercaway.com website and the use thereof, and more generally all rights pertaining thereto, are protected by the statutory and regulatory provisions applicable to copyright and/or intellectual property. Mercaway and it Shops do not grant any rights in the patents, copyright in its broadest sense, or trade marks pertaining to the Downloadable Products or the Service available for downloading/using from the Mercaway.com website.
The Downloadable Products or the Service offered for downloading/using on the Mercaway.com website are the property of Mercaway and/or its Shops and are subject to copyright and/or intellectual property rights. Compliance with legal formalities shall be confirmed by a final user licence agreement entered into between the holder of the rights in the downloadable Product or the online Service and the Customer.
In any event, the rights granted in connection with downloading are limited to a right of use, with all limitations thereof. Unless otherwise expressly agreed by the owner of the rights, the rights granted shall in no event be deemed to be a sale with the effect of a transfer of ownership.
Unless expressly authorised, these rights shall not be copied or imitated, in whole or in part.
11.1 Physical Products
In the event that any of the Products delivered to the Customer do not work or malfunction, Mercaway undertakes to support and assist the Customer as best it can in connection with steps taken to return the goods.
Upon receipt of the shipment, the Customer shall inform Mercaway of the problem with the Product and provide the Order Reference and the Product.
Upon being informed of the problem, Mercaway shall advise the shop thereof.
At the same time, Mercaway shall provide the Customer with the address of the shop or manufacturer of the defective Product. The Customer undertakes to return the Product to the shop or manufacturer, at his/her own expense, within seven days as from the receipt of the shipment.
When the shop receives the Product sent directly by the Customer (Article 9), it shall decide whether the Product is truly defective. In the event that the Product is in fact defective, Mercaway undertakes to do everything possible to ensure that the shop ships a Product in perfect working order within 30 days as from the Customer's complaint. In the event of an actual and established defect or non-conformity, and if a new Product is not shipped within a period of 30 days as from the Customer's complaint, Mercaway undertakes to refund the Customer within 10 days as from the end of the time period stated above.
11.2 Downloadable Products or Service
All Downloadable Products or Service are available for downloading/using "in their present condition" or "as is". Mercaway provides no warranties with regard to Downloadable Products or onine Services available for downloading/using.
Mercaway does not warrant that :
- the Downloadable Products or Services will conform to the Customer's expectations.
- the Downloadable Products or Services will be available 24 hours a day.
- the Downloadable Products or Services provided are free of errors or defects. If applicable, Mercaway undertakes to take all necessary steps vis-à-vis the shop or publisher of the downloadable Product or the online Service and to inform the Customer of the steps taken by Mercaway.
- the Downloadable Products or Services will generate the efficiency, results and/or profitability expected by the Customer.
- the downloading links will operate.
Mercaway hereby guarantees to its Customers that the Products offered for sale online in no way breach the French laws in effect on the date of the order. Furthermore, Mercaway guarantees that the content of the Website is not contrary to good morals.
However, through its Website, Mercaway intends to offer Products to Customers residing outside the EU. Consequently, Mercaway cannot guarantee Customers who live outside the EU that its Website does not breach the laws of their countries of residence.
In accordance with the Data Protection Act of 6 January 1978 (Act no. 78-17, Art. 34), Customers have a right to access, modify and delete all personal data concerning them that Mercaway obtains during the use of the Website. The Customer may exercise such right by sending an e-mail or a letter to the following addresses :
and
Mercaway
166 Rue du Faubourg Saint-Honoré
75008 Paris
France
This agreement is governed by the principles of French law.
Mercaway shall in no event be liable for events of force majeure, in particular in the event of disturbances or strikes, whether total or partial, in particular of postal services and means of transport or communications, or for acts or negligence of the shop and the end-Customer.
1.1 Physical Products
The Selling Terms and Conditions detailed below (hereinafter "Terms and Conditions") shall govern the contractual relationship between Mercaway and all users of the Mercaway.com website (hereinafter "User" or "You" or "Client" or "Consumer" or "Customer”) and the Mercaway.com trade name, which is owned by Mercaway SARL, a French limited company ("société à responsabilité limitée (SARL)") with share capital of EUR 50,000, whose registered office is located at 166 Rue du Faubourg Saint-Honoré, 75008 Paris, France and which is registered in the Paris Trade and Companies Registry under number B 477 854 798 (hereinafter "Mercaway"). Mercaway's intra-community VAT number is : FR 48 477 854 798.
These are the only Selling Terms and Conditions applicable, and they replace all other Terms and Conditions, unless otherwise expressly agreed in writing. Mercaway may modify certain provisions of these Terms and Conditions. Consequently, it is necessary to consult them at the time of each visit to the Mercaway.com website (hereinafter "the Website"). These modifications are effective as of the time that they are put online and shall be applied to orders made after they are put online. Each purchase from the Website shall be governed by the Terms and Conditions in effect on the date of the Order. We consider that by validating your order, you agree to our Terms and Conditions unconditionally and with full knowledge thereof.
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