General terms of sale
The present general terms of sale govern the all relationships between the Limited Liability Company Mercorne and its Customers.
Before any transaction the Customer recognizes that he has learned about the general terms of sale and declares expressly accepting them.
The drawing up and confirmation of an order by the Customer materializes fully his entire acceptance of these general terms of sale which are the only one effective at the order.
Product files:
The pictures and texts illustrating the products do not enter in the contractual field.If mistakes fit into these files in no way the responsability of Mercorne Ldt will be invested.
Orders:
Any order is given a summary to read again all the products selected by the Customer who validates his order this way:
-click on the button "valider" of the virtual payment terminal and send by mail the order file signed up with a cheque payable to MERCORNE.
Order confirmation:
Mercorne Company confirms the acceptance of an order by any of the following ways chosed by the Customer:e-mail,telephone call,fax or mail.The sale is concluded only when the Customer has received the confirmation of his order by Mercorne Company.
Mercorne Company reserves the right to do not confirm an order for any reasons that can be,particularly due to the products procurement,a problem about the order received(e.g.:unreadable document),unusuall order or predictable problem concerning the delivery.
Mercorne Company will give information to the Customer by any possible way.
Any new order will be accepted only after the legitimate payment of the previous amounts owed by the Customer.
Delivery:
The delivery of an ordered product will be executed by "La Poste".
The delivery is executed at the address given by the Customer himself on the order file he has filled in previously.
The address of delivery must be a "physical" address (number/way/street).Mercorne Company reserves the right to refuse delivery to a post box.
Mercorne Company denies responsability for any breach at the contractual obligations in case of force majeure or fortuitous,including,but without beeing limited by ,catastrophes,fires,internal or external failures or breakdowns,internal or external strikes and in a general way any event that do not permit the good execution of the order.
Merchandises always travel at the Customer's own risks.
You must always check your postal packet when it is delivered to you.You have an extension of 48 hours to express eventual reservations nearby the carrier in case of missing product or wear and tear.
If the Customer wishes many places of delivery,he must fill as many order files as places and pay the adjoining costs of delivery.
Cancellation Clause:
The Customer has 7 clear days from the day he receives the articles to make up his own mind about them.
In case of request of replacement or refund the Customer can set back the intact articles going with the delivery invoice.
The packets returned cash on delivery will not be accepted.
The return of products is exempt from penalties except return costs.
In case of the Customer wishes to use his Right to Cancel,Mercorne Company has to refund the amounts payed by the Customer without expenses except return costs.
The refund is owed by Mercorne Company in an extension of 15 days maximum.
Prices:
Prices are only expressed in Euro.
Transactions are always estimated in Euros.
Prices noted on the product files do not include shipping costs nor the preparation of the order.
The price noted on the confirmation of the order is the definitive price,expressed inclusive of all tax and including VAT.
The definitive price includes the product's price,handling,packing and preserving expenses and transport costs.
Payment:
The price invoiced to the Customer is the one noted by the virtual payment system or on the order file that can be printed.
Payment can be made with any CB-VISA or MASTERCARD banking card,by transfer on the bank account of Mercorne Company or with a cheque sent by mail.
The order acepted by the Customer will be considered as effective only when the concerned banking payment centres will have given their authorization or when the cheque will have been cashed.
Otherwise Mercorne Company reserves the right to refuse any order coming from a Customer with who it would be involved in litigation.
Disputes:
The contract here present is submited to French Law.
Whatever happens the responsability of Mercorne Company is limited at the amount of the order and should not be implicate because of simple mistakes or omissions that could substitute.
In any case of worry in application of the contract here present the Customer has the possibility to reach an amicable agreement before to go to the court.
All complaints and contestings will always be received with gentle attention,the Cutomer who takes the trouble to explain his situations is always presumed to act in good faith.
In the event of dispute the Customer must first address to Mercorne Company to obtain an amicable agreement.
Failing that the Commercial Court of Mende is the only relevant whatever are the places of delivery and the method of payment accepted.
Guarantee:
In any event the Customer has benefit of the legal guarantee for evictions and latent defects.
Provided that the Customer can produce evidence of the hidden defect,the vendor must legaly repair all the consequenses if the Customer decides to go on the court.He has to do it in the shortest possible time from the moment the latent defect has been discovered.
Retention of Title Clause:
Mercorne Company reserves expressly the property of delivered products until complete payment of their price in main clause and interests.
The delivery of a payment title do not constitute an effective payment.Stipulations herein before do not impede the transfer to the Customer of loss or deterio |