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1.1 Physical Products
The Purchasing Terms and Conditions detailed below (hereinafter the “Terms and Conditions”) shall govern the contractual relationship between any Mercaway Shop (hereinafter the "The Shop” or “You”) and Mercaway.com, which is owned by Mercaway SARL, a French limited-liability 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 with 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.
Mercaway.com is a business website. It is a general Shopping mall. The Shopping mall enables the End Customer (Mercaway’s Customer) to purchase or download all types of Physical Products, Downloadable Products and Services.
These Terms and Conditions shall apply to all orders for material and equipment (hereinafter the “Products”) unless otherwise stipulated in a written agreement signed by Mercaway.
The Shop expressly and unreservedly acknowledges that, by accepting an order, he is waiving all of his general or special Selling Terms and Conditions and, as a result, expressly accepts these Terms and Conditions.
These are the sole Terms and Conditions applicable, and they replace all other terms and conditions, unless otherwise expressly agreed in writing beforehand. Mercaway may amend certain provisions of these Terms and Conditions. These amendments shall be effective as of the time they are put online and shall be applied to orders placed after they are put online.
The provisions of the Selling Terms and Conditions for the Customers, delivery and delivery periods are binding on the Shop.
The Shop hereby undertakes to review the Selling Terms and Conditions for the Customers and to accept the enforceability thereof when he is registered on the website dedicated to Mercaway’s Shops
1.2 Downloadable Products or Services
The Purchasing Terms and Conditions detailed below (hereinafter the “Terms and Conditions”) shall govern the contractual relationship between any Mercaway Shop (hereinafter the “The Shop” or “You”) and Mercaway.com, which is owned by Mercaway SARL, a French limited-liability 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 with 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.
Mercaway.com is a business website. It is a general Shopping mall. The Shopping mall enables the end Client (Mercaway’s Customer) to purchase or download all types of Physical Products, Downloadable Products and Services.
These Terms and Conditions shall apply to all orders for "Downloadable Products" or "Services" unless otherwise stipulated in a written agreement signed by Mercaway.
Downloadable Products shall mean all intangible property purchased by a Customer on the Mercaway.com website. After having placed his order, the End Customer may download the Downloadable Product on his computer or on the computer to which he logs on.
Downloadable Products shall include but not be limited to electronic documents, digital information and IT Services of any kind. Downloadable Products may also include ring tones, logos or images that are compatible with mobile phones or other PDAs.
Services are the IT or web Services of any kind (in particular the website design and hosting, blogs etc...).
The Shop expressly and unreservedly acknowledges that, by accepting an order, he is waiving all of his general or special Selling Terms and Conditions and, as a result, expressly accepts these Terms and Conditions.
These are the sole Terms and Conditions applicable, and they replace all other terms and conditions, unless otherwise expressly agreed in writing beforehand. Mercaway may amend certain provisions of these Terms and Conditions. These amendments shall be effective as of the time they are put online and shall be applied to orders placed after they are put online.
The provisions of the Selling Terms and Conditions for the Customers (Customers T&C), delivery and delivery periods are binding on the Shop.
The Shop hereby undertakes to review the Customers T&C and to accept the enforceability thereof when he is registered on the website dedicated to Mercaway’s Shops
http://www.mercaway.com/purchasing-terms-conditions/
The Shop must open an account at the following address :
http://www.mercaway.com/rates/
The following documents can be required to validate a Shop account :
- a “Kbis” certificate of registration with the Trade and Companies Registry in France (or the equivalent in a foreign country)
- a form of identity and a proof of the manager’s address
These documents must be sent to Mercaway via the Shop Admin, by email
, by fax to +33 (0)1 53 01 29 25 or by post to :
Mercaway
166 Rue du Faubourg Saint-Honoré
75008 Paris
France
Mercaway reserves the right to request any additional information from a Shop at any time.
Upon receipt and validation of the documents, the Shop may begin to sell its Products.
In order to place an order, Mercaway will send an email to the Shop. This email will include a list of the Products ordered from the Shop by Mercaway’s End Customer.
If the right of withdrawal is exercised within seven days of an order placed by an End Customer, Mercaway may cancel its own order with the Shop within eight days.
This cancellation shall not entitle the Shop to any compensation other than the fixed amounts stated on the following web page :
http://www.mercaway.com/pricing/
4.1 Physical Products
The Shop agrees to use the greatest care in posting information online regarding the essential features of the Products and the level of stock relying in particular on the technical descriptions provided by partners and manufacturers and photographs of the Products, within technological limits and in compliance with the best practices of the industry. Mercaway has placed a Shop Admin at the disposal of Shops which is available at the following address :
http://www.mercaway.com/account/
. This Shop Admin allows the Shop to add Product information posted on Mercaway.com online in real time.
The Shop alone shall be liable in the event of a dispute regarding Product information posted online by the Shop.
4.2 Downloadable Products or Services
The Shop agrees to upload Downloadable Products or Services on Mercaway’s server using the Mercaway Shop account or via direct FTP access which Mercaway shall place at his disposal upon request, and to use the greatest care in posting information online regarding the essential features of the Downloadable Products or Services relying in particular on the technical descriptions provided by partners and manufacturers and digital images of the Downloadable Products or Services, within technological limits and in compliance with the best practices of the industry.
Mercaway has placed a Shop Admin at the disposal of Shops which may be accessed at the following address :
http://www.mercaway.com/compte/
.
This Shop Admin allows the Shop to add Product information posted on Mercaway.com online in real time.
The Shop alone shall be liable in the event of a dispute regarding Product information posted online by the Shop.
5.1 Physical Products
The Shop hereby acknowledges and agrees that Mercaway will fulfil orders within the limit of the Shop’s available stock. If a Product ordered by Mercaway is not available from the Shop’s stock or that of the manufacturer, brand owner or any other partner, the Shop undertakes to contact Mercaway by email within a period of 3 (three) days as from the date of the order to inform it of the delay and advise it of the time period within which the Product may, where applicable, be delivered to the End Customer.
If certain of the Products ordered are temporarily or permanently unavailable, with Mercaway’s consent, the Shop undertakes to send to the End Customer other similar available Products for the remainder of the order.
5.2 Downloadable Products or Services
The Shop hereby acknowledges and agrees that Mercaway will fulfil orders providing that the Downloadable Products or Services were properly uploaded on its server by the Shop.
If a Downloadable Product or a Service ordered by Mercaway is not available on its server, the Shop undertakes to contact Mercaway by email within a period of 3 (three) days as from the date of the order to inform it of the delay and advise it of the time period within which the Downloadable Product ir the online Service may, where applicable, be available to the End Customer for downloading onto Mercaway’s server.
Products sale prices are those quoted on the website based on the End Customer’s country of delivery and, where applicable, the Customer’s VAT regime.
The Shop must invoice Mercaway upon positive delivery of the Product(s) to the End Customer.
The Shop will validate the invoice put online in its Shop Admin.
Subject to verification of the positive delivery and acceptance of the Products by the End Customer, Mercaway undertakes to pay the corresponding invoice for the Products at the date indicated in the Shop Admin.
The total price paid by Mercaway to the Shop for each Product shall correspond to the price stipulated on the website minus the following :
- a percentage or commission rate stipulated on the
http://www.mercaway.com/pricing/
web page (depending on the sales of the Shop for the previous calendar month)
- fixed costs per order which are set out on the
http://www.mercaway.com/pricing/
web page.
Moreover, in order to hold Mercaway harmless from the risks relating to rejected Credit Card payments by End Customers, the Shop authorises Mercaway to retain between 0 and 33.33% of the sale amount for 90 days (or 180 days for the Shops outside France) following the order as a guarantee.
If an invoice is not paid within 90 days (or 180 days) of the Shop’s invoice due to an End Customer, the guarantee shall be retained by Mercaway and the remaining amount shall be debited from the Mercaway Shop account. As a result, the parties hereby agree to offset these amounts. The Shop must provide Mercaway with all supporting documents pertaining to any query regarding unpaid amounts (or chargebacks).
Mercaway reserves the right to terminate these Terms and Conditions unilaterally if an amount remains unpaid.
Likewise, the cost per chargeback as stipulated on the
http://www.mercaway.com/pricing/
web page relating to a cancellation by the End Customer borne by the Shop shall be offset in the same manner.
In any event, the Shop’s invoice shall only be payable upon expiry of the seven-day withdrawal period granted to the End Customer. The Shop shall bear the cost of reimbursing the End Customer.
If the End Customer exercises his right of withdrawal or right not to pay an amount, the Shop may not demand payment from Mercaway.
In the following cases :
- a request for reimbursement of the price of a Product or Products from the Shop due to the End Customer,
- a payment by Mercaway to the Shop,
the amount of the cancelled order shall be debited from the Mercaway Shop account. As a result, the parties hereby agree to offset such amounts.
Likewise, the cost per refund as stipulated on the
http://www.mercaway.com/pricing/
web page relating to a cancellation by the End Customer borne by the Shop shall be offset in the same manner.
Lastly, if an End Customer withdraws from or cancels an order, the End Customer must return the Product(s) to the Shop at his own expense.
All payments shall be made via a transfer by Mercaway to the Shop’s bank account. The Shop shall provide its bank details when it is registered and listed in the Shop Admin. The Shop shall be responsible for any damage relating to an error in the bank details provided by the Shop.
Cost per payout through Mercaway’s accounts department (listed on the
http://www.mercaway.com/pricing/
web page) shall be paid by the Shop.
The costs of operating a Mercaway Shop account can be viewed at
http://www.mercaway.com/pricing/
and may be modified at any time as Mercaway sees fit.
However, the Shop shall be informed of any change to these prices by email sent at least seven days before the date of application. Each Shop may close its account at such time at no additional cost. Operating costs shall be set out separately on the statement of transactions that can be found in the Shop Admin.
These costs cover inter alia the Technical and Administrative Support Service placed at your disposal.
8.1 Physical Products
The Shop undertakes to dispatch the Products within 48 hours and to deliver them directly to the End Customer’s address.
The delivery address shall be stipulated on the delivery slip sent by Mercaway to the Shop, which may be printed using the Shop Admin.
The Shop can therefore consult information provided by the End Customer directly.
Unless Mercaway stipulates specific packaging in its order, the Shop undertakes to deliver the Products in appropriate packaging in light of the nature of the Products and the precautions that must be taken to protect them from bad weather, corrosion, loading accidents, carriage and storage constraints, vibrations or shocks, etc. Likewise, appropriate methods of transport must be used. In any event, the Products must be sealed, wrapped, marked and packaged for shipment in accordance with business practices and must be compatible with the carrier’s requirements and adapted to ensure that they arrive undamaged at the End Customer’s premises.
If Mercaway requests specific packaging, the package must meet its requirements.
The Shop must specify all instructions regarding the lifting, handling and carriage of Products on each package. Furthermore, the Shop must indicate all fragile or specific Products that require special storage and/or carriage conditions. Where applicable, the Shop must indicate the precautions that must be taken.
The Shop must label each package with carriage information, the order numbers, the date of shipment, the name and address of both the sender and the addressee, it being specified that the sender is the Shop.
The parties agree that the Shop alone shall be responsible for any damage to the Products.
Likewise, the Shop shall be responsible for all additional costs relating to packaging, marking or labelling that is incorrect, ambiguous or inappropriate.
On the date the Products are delivered, the Shop must send Mercaway a dispatch note via the document filing interface, indicating the date and full reference of the delivery slip prepared in the Shop Admin, the full address of the warehouses of the sender and the consignee, a detailed description of the Products, the total number of packages shipped, the gross and net weight of each package, the method of carriage, the date of shipment and the package tracking number.
In any event, the Shop must provide appropriate insurance for the Products until such time as they arrive at the End Customer’s premises.
Products ordered and purchased from the Mercaway.com website can be delivered in continental France, the French overseas départments and territories (Dom-Tom), the European Union and outside the European Union (within the limit of countries served by delivery Service providers).
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 Products in its own warehouses. Accordingly, shipments of orders are carried out between the Shop and the End Customer.
Delivery periods and delays
By accepting an order, the Shop irrevocably agrees to deliver the order to the End Customer within two weeks.
In any case, the Shop shall not be entitled to any bonus for an early delivery.
The Shop must promptly inform Mercaway by email of any event that is likely to delay execution of an order. It may not however rely on such event to extend the delivery period. The Shop must use all reasonable efforts to minimise delays and the consequences thereof.
Save in an event of force majeure, Mercaway may cancel an order without the right for the Shop to claim any indemnity or compensation and without prejudice to Mercaway’s right to claim compensation for any damage, loss, costs or harm sustained or incurred as a result of a delay if a delivery is made too late, or if it was not informed in writing of the delay.
If the Customer cancels an order and requests the reimbursement of costs due to a late delivery attributable to the Shop, all costs relating to the reimbursement, as well as cost per refund (which are specified on the
http://www.mercaway.com/pricing/
) web page) shall be borne by the Shop. All extra costs relating to the reimbursement will be notified by email to the Shop under the form of a penalty through an invoice describing the extra costs related to the non respect of the delivery terms and conditions.
8.2 Downloadable Products or Services
The Shop shall ensure that the Downloadable Products or Services it proposes are downloadable once they have been uploaded on Mercaway’s server by the End Customer.
In the event the Customer encounters any problem when downloading a Downloadable Product or Service, the Shop undertakes to assume full responsibility therefor.
The Shop can therefore consult information provided by the End Customer directly.
The Shop undertakes to put online Downloadable Products or Services that do not contain any defect (such as a virus, spam, etc.).
The Shop shall be responsible for any damage caused to End Customers by reason of the Downloadable Products or the online Services he puts online.
Save in the event of a specific Downloadable Product or an online Service requirement, the Shop undertakes to protect the Products against viruses, spam, etc. In any event, the Downloadable Product or Service must be in full working order after installation.
For each Downloadable Product or online Service, the Shop must specify all instructions for its use and, where applicable, the precautions that should be taken.
Downloading problems
The Shop must promptly inform Mercaway by email of any event that is likely to delay the downloading of the Dowbloadable Product or the online Service ordered by the End Customer, without the right to request an extension of the period for putting the Downloadable Product or Service in question online. The Shop must use all reasonable efforts to minimise delays in downloading a Downloadable Product or an online Service onto the web and the consequences thereof.
Save in an event of force majeure, Mercaway may cancel an order without the right for the Shop to claim any indemnity or compensation and without prejudice to Mercaway’s right to claim compensation for any damage, loss, costs or harm sustained or incurred as a result of a delay if delivery occurs too late, or if it was not informed in writing of the delay.
If the Customer cancels an order and requests the reimbursement of costs due to delayed downloading attributable to the Shop, all costs relating to the reimbursement, as well as the fixed reimbursement costs (which are specified on the
http://www.mercaway.com/pricing/
) web page) shall be borne by the Shop. All extra costs relating to the reimbursement will be notified by email to the Shop under the form of a penalty through an invoice describing the extra costs related to the non respect of the delivery terms and conditions.
9.1 Physical Products
The Shop hereby authorises Mercaway to access the Shop’s premises to inspect manufacturing, storage and sale methods and conditions or to give special instructions, and to verify and/or test the Products ordered by its End Customers. Mercaway may use the Shop’s own test and control methods.
Mercaway may reject Products that do no comply with the order or specifications or indications provided beforehand.
The Shop must be promptly informed in writing of any Products that are rejected. The Shop agrees to take back Products rejected upon delivery at its own expense.
Acceptance of Products by the End Customer and Mercaway may not be relied upon to limit the warranties outlined in these Terms and Conditions.
9.2 Downloadable Products or Services
Mercaway may reject Downloadable Products or Services that do no comply with the order or specifications or indications provided beforehand.
The Shop must be promptly informed by email of any Dowbloadable Products or Services that are rejected.
Acceptance of Dowbloadable Products or Services by the End Customer and Mercaway may not be relied upon to limit the warranties outlined in these Purchasing Terms and Conditions.
Unless otherwise agreed by the parties, ownership shall pass from the Shop to Mercaway upon delivery of the Products to the End Customer’s premises. Any retention of title clause in favour of the Shop shall be considered null and void and shall not therefore be binding on Mercaway.
The risks shall pass upon the transfer of ownership.
In accordance with the Selling Terms and Conditions applicable to the End Customers, the latter shall bear the risks of shipment as from the time the Product(s) is (are) handed over to the carrier.
The Shop undertakes to assist the Customer as best it can in connection with steps taken to return the Products.
In the event any of the Products delivered to the Customer do not work or malfunction, the Shop undertakes to replace the Product(s) with Mercaway’s written consent.
When the Shop receives a Product returned directly by the Customer (Article 9 of the Selling Terms and Conditions for the Customers), the Shop shall decide whether the Product is truly defective.
In the event that the Product is in fact defective, the Shop undertakes to dispatch a Product in perfect working order at its own expense within 15 days of 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, the amounts concerned by the dispute shall be debited from the Shop account.
The Shop undertakes to provide an after-sales Service in respect of the Product(s) for 12 months following acceptance thereof.
The Shop expressly accepts the Selling Terms and Conditions for Downloadable Products or Services with regard to copyright and intellectual property.
The Shop hereby warrants 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, the Shop warrants 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 European Union. Consequently, the Shop warrants to Mercaway that it does not breach the laws of its country of residence, nor those of the End Customer’s country of residence.
In the event the Shop fails to comply with the clauses of these Terms and Conditions, Mercaway may suspend or terminate this contract by operation of law by email, without notice. Mercaway reserves the right to close or suspend a Mercaway Shop account at any time, by operation of law, without notice, compensation or the need to carry out any formality in the following cases: (1) it ascertains that the account is being operated improperly, (2) a serious technical problem, (3) an express request on the part of a judicial authority, (4) if You breach these Terms and Conditions, (5) You use Mercaway improperly or fraudulently, or (6) in the case of suspected fraudulent payments or unpaid amounts.
If an account is closed, Mercaway shall transfer the balance of the Shop account, minus the costs stipulated on the
http://www.mercaway.com/pricing/
web page and possible termination fee of 150.00 € exc. tax (300.00 € exc. tax for the Shops outside France) and daily management fees (included in an invoice describing them), 90 days (or 180 days for the Shops outside France) after the last transaction. This period is necessary if there is any payment issue with the End Customer.
If an account is closed for a reason other than those specified above, the period shall also be 90 days (or 180 days) and the conditions for the transfer of the balance will remain the same defined above.
In any event, even if these Terms and Conditions are terminated by Mercaway, the Shop undertakes to fulfil all orders placed by Mercaway.
If orders are not fulfilled pursuant to these Terms and Conditions, Mercaway shall reimburse the End Customer and the corresponding amount shall be charged to the Shop. As a result, the amount at issue as well as all reimbursement costs or other costs or penalties relating hereto shall be debited from the Shop account.
This agreement is governed by the principles of French law.
Mercaway shall in no event be liable for force majeure events, in particular in the event of disturbances or strikes, whether total or partial, in particular of postal Services and methods of transport or communications, or for acts or negligence of the Shop and the End Customer.
1.1 Physical Products
The Purchasing Terms and Conditions detailed below (hereinafter the “Terms and Conditions”) shall govern the contractual relationship between any Mercaway Shop (hereinafter the "The Shop” or “You”) and Mercaway.com, which is owned by Mercaway SARL, a French limited-liability 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 with 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.
Mercaway.com is a business website. It is a general Shopping mall. The Shopping mall enables the End Customer (Mercaway’s Customer) to purchase or download all types of Physical Products, Downloadable Products and Services.
These Terms and Conditions shall apply to all orders for material and equipment (hereinafter the “Products”) unless otherwise stipulated in a written agreement signed by Mercaway.
The Shop expressly and unreservedly acknowledges that, by accepting an order, he is waiving all of his general or special Selling Terms and Conditions and, as a result, expressly accepts these Terms and Conditions.
These are the sole Terms and Conditions applicable, and they replace all other terms and conditions, unless otherwise expressly agreed in writing beforehand. Mercaway may amend certain provisions of these Terms and Conditions. These amendments shall be effective as of the time they are put online and shall be applied to orders placed after they are put online.
The provisions of the Selling Terms and Conditions for the Customers, delivery and delivery periods are binding on the Shop.
The Shop hereby undertakes to review the Selling Terms and Conditions for the Customers and to accept the enforceability thereof when he is registered on the website dedicated to Mercaway’s Shops
English
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