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Last updated: 1 September 2015
I. About us
Tradeparency SAS is a simplified variable capital joint stock company with a share capital of 15,000 Euros, whose head office is located at 21 rue de Paradis - 75010 - Paris - FRANCE, registered in the Paris Trade and Companies Register under number 753 222 124, and which sells everyday hygiene products to its Customers via its Website.
The Company encourages its Users to carefully read the General Conditions of Sale and Use. Placing an Order implies acceptance of the General Conditions of Sale and Use. The characteristics of the Products are indicated on the Website. It is the Customer’s responsibility to take these into consideration before making a purchase.
The Customer acknowledges that he/she has understood and accepted the General Conditions of Sale and Use by ticking the appropriate box before placing his/her online Order.
The General Conditions of Sale and Use establish the terms on which the Company sells its Products to its Consumers and Business Customers via its Website.
They apply to all sales concluded by the Company and take precedence over any conflicting document, notably the Customer’s general conditions of purchase.
They shall be sent as a matter of course to any Customer who requests them.
In the event of subsequent modifications to the General Conditions of Sale and Use, the Customer is subject to the latest version at the time of his/her Order.
“Company” is understood to be Tradeparency SAS, the company that is described in more detail in Article I of the present conditions; and
“Consumer” is understood to be a purchasing natural person, acting not for professional reasons and/or outside of his/her professional activity;
“Customer” is understood to be the Consumer or Professional that has placed an Order for a Product sold on the Website;
“General Conditions of Sale and Use” is understood to be the present general conditions of online sale and use;
“Order” is understood to be any order placed by the User on the present Website and registered to that effect on the Website;
“Products” are understood to be material items that are offered for sale and may be purchased on the present Website;
“Professional” is understood to be a purchasing natural or legal person acting in a professional capacity;
“Website” is understood to be the present Website, www.mercihandy.fr;
“User” is understood to be any natural or legal person that uses the present Website.
Registration on the Website is open to any natural or legal people of adult age possessing full legal personality and capacity.
The use of the Website is conditional upon the registration of the User. Registration is free.
In order to register, the User must complete all the obligatory fields; if this is not the case, registration cannot be completed.
The Users guarantee and declare on their word of honour that all information submitted on the Website, in particular during the registration process, is accurate and consistent. They pledge to update their personal information on the dedicated page, available on their account.
All registered Users possess a username and a password. These are strictly personal and confidential and must under no circumstances be communicated to third parties, under penalty of the account belonging to the offending registered User being deleted. Each registered User is personally responsible for keeping his/her password confidential. Under no circumstances will the Company be held responsible for the identity theft of a User. If a User suspects fraudulent activity at any time, he/she must contact the Company at the earliest opportunity, so that the latter may take the necessary steps to address the situation.
Each User, whether a natural or legal person, can only hold one account on the Website.
In the event of any non-compliance with the General Conditions of Sale and Use, notably the creation of multiple accounts by one sole person or the submission of false information, the Company reserves the right to temporarily or permanently delete all of the accounts created by the offending User.
The deletion of an account results in the definitive loss of all the advantages and services acquired on the Website. However, any Orders placed and billed by the Website before the account is deleted will be executed on the normal terms.
In the event of an account being deleted by the Company due to a breach of the duties and obligations stipulated in the General Conditions of Sale and Use, the offending User is formally prohibited from signing up again on the Website, either by using another email address or via an intermediary, without the express prior consent of the Company.
Any Order can only be placed once the User has registered on the Website. The User, once connected to his/her account, can add Products to his/her virtual Shopping Basket. He/she can then access a summary of the virtual Shopping Basket in order to confirm the chosen Products and complete the Order by clicking on the “Order” button.
He/she must indicate an address, a method of delivery and a valid method of payment in order to finalise the Order and to effectively establish a sales contract between him/her and the Company. By finalising the Order, the User confirms that he/she accepts the price of the Products sold, as well as the methods and times of delivery indicated on the Website.
Once the Order has been placed, the User will receive confirmation of it by email. This confirmation will summarise the Order as well as all relevant information relating to its delivery. The placing of an order constitutes the conclusion of a distance sales contract between the Company and the Customer.
The Company may be able to offer the Customer benefits such as price reductions and discounts depending on the number of Products available on the Website that are ordered, or depending on regularity of the Orders placed, in accordance with the conditions established by the Company.
VI. Products and Prices
The Products that constitute the subject of the present General Conditions of Sale and Use are those that feature on the Website and that are directly sold and shipped by the Company.
Product descriptions are found on the corresponding page of the Website, with references to all of their essential features. Sales are made subject to the Company’s stock availability. The latter cannot be held responsible for any stock shortages, or for the impossibility of selling a Product that is out of stock.
When a registered User wishes to purchase a Product sold by the Company via the Website, the price indicated on the Product page is given in Euros, including VAT but not including shipping costs, and taking into account any reductions that are applicable and in effect on the day of the Order. The price indicated does not include delivery costs, which will be detailed (if applicable) on the summary page before the Order is finalised. If the total cost of the Product cannot be calculated in advance, the Company will send a detailed quotation to the Customer, showing how the price was calculated.
Under no circumstances may the User demand that he/she should benefit from discounts that are not longer applicable on the day of the Order.
VII. Conditions of Payment
Unless otherwise indicated, all sales are payable as soon as the Order is placed.
Depending on the nature or size of the Order, the Company reserves the right to request an advance payment, payment of the price in full when the Order is placed, or payment when the invoice is received.
Payment can be made by:
Bank card, via a securised connection. Secure payment system (SSL - Secure Socket Layer), such as Paypal, so that the information transmitted is encrypted by software and no third party is able to access these details during transmission through the network. YesByCash (procedure for paying in cash). In the event of total or partial payment not having been received on the date agreed on the invoice, the Professional Customer must pay the Company a late payment penalty, the rate of which will equate to the European Central Bank’s latest rate for its refinancing operation, increased by an additional 10 percentage points.
The refinancing operation to be applied will be the most recent one at the date of the Order for the Services.
Over and above the late payment penalties, any amount – including the advance payment – that remains unpaid by the Professional Customer on its due date will give rise to the payment of a fixed penalty of 40 Euros in recovery costs.
In the event of total or partial payment not having been received on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty whose rate will equate to the legal interest rate.
No refund can be made by the Customer between the late payment penalties in the provision of the services ordered and the sums due by the Customer to the Company for the purchase of the Products offered on the Website.
The penalty due by the Customer, whether Professional or Consumer, is calculated on the total amount remaining including VAT, and starts on the payment date without any need for prior formal notification.
Products will be delivered exclusively to the following geographic areas:
- Mainland France, Corsica, Overseas Territories.
- In Europe: every country in Europe.
- In North America: every country in North America.
- In South America: every country in South America.
- In Africa: every country in Africa.
- In Asia: every country in Asia.
- In Oceania: every country in Oceania.
The Company pledges to put in place all the material and human resources required to deliver the Products as quickly as possible. Delivery periods may vary depending on the Customer’s geographic location, the delivery method chosen or the Product ordered.
In the event of the delivery date being exceeded by 14 days, except in cases of force majeure, the Customer can request the termination of the contract by registered letter with return receipt requested, after having asked the Company, in the same way, to complete delivery in a reasonable timeframe, but to no avail.
In this case, the Customer will be refunded within 14 days if a payment has already been made.
In the event of an unsuccessful delivery, due to an incorrect address being given by the Customer, the Company will contact the Customer at the earliest opportunity in order to request a new delivery address, with any additional delivery fees being charged to the Customer.
Otherwise, the responsibility of the Company may not be invoked for reasons linked to excessive delivery times:
- during periods of high demand, such as the end-of-year holiday season,
- for delays caused by instances of force majeure, which is to say because of the occurrence of an unforeseen and unpreventable event, beyond the control of the Company.
- for reasons that are the sole responsibility of the shipping company in charge of the delivery.
The delivery is made in accordance with the choice made by the Customer and the prices indicated on the Website, to the address indicated by the Customer when the Order is placed, either to a postal address or to a collection point of the Customer’s choice.
For all Orders placed on the present Website, the Customer reserves the right to make a claim within 14 days of the Product being delivered. It is the Customer’s responsibility to check the apparent state of the Products on delivery. Unless any reservations are expressly communicated on delivery, the Products will be deemed to comply with the Order.
To exercise this right, the Customer must send the Company a declaration by email, to the address email@example.com, in which he/she expresses his/her reservations and complaints, in addition to the relevant proof and supporting documents (proof of delivery counter-signed by the shipping service, photographs, etc.)
Any claim not complying with the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as quickly as possible and at its own expense, subject to the material possibility of repairing the Product or to its availability in stock.
X. Customer Right to Withdraw
The Customer has the right to withdraw within the 14 days following the date on which the order was placed, except for the products mentioned in article L.121-21-8 of the French Consumer Code.
To exercise this right to withdraw, the Customer must send notice of his/her withdrawal, using the template provided in the Annex of the General Conditions of Sale and Use, to the following address:
The Products must be returned in their original packaging and in perfect condition within 14 days from the notice of withdrawal sent to the Company by the Consumer. The direct delivery costs involved in sending back the Product will be at the Customer’s own expense.
All fees paid when placing the Order will be refunded in the 14 days following the Company’s receipt of the notice of withdrawal.
The refund will be made by the same method of payment as used for the purchase.
XI. Passing of Ownership and Risk
The Company retains property rights on the Products sold until payment in full by the Customer. It can therefore take back possession of the said Products in the event of non-payment. Under these circumstances, any advance payments made will be retained by the Company by way of compensation.
For Professional Customers, the transfer of risk to the Customer takes place as soon as the merchandise is released to the shipping service by the Company. For Consumers, the transfer of risk takes place on delivery or when the Customer collects the merchandise, if he/she has chosen to have the Produce delivered to a collection point.
XII. Legal Guarantees
The Products sold on the Website are guaranteed to comply with the provisions of the Consumer Code and the Civil Code, as set out below:
Article L.211-4 of the Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility for it or had it carried out under his responsibility.”
Article L.211-5 of the Consumer Code: “To conform to the contract, the product must:
1° be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article 1641 of the Civil Code: “The seller is bound by the guarantee covering hidden defects in the item sold which render said item unfit for the use for which it was intended, or which diminish this use to such a degree that the buyer would not have bought said item or would only have paid a lower price for it, if the faults had been known.”
Any Product that is sold on having been altered, modified or transformed is no longer covered by the warranty.
The latter is restricted to the replacement or refund of non-compliant or defective Products. The warranty is void in the event of incorrect or abnormal use of the Product, as well as in the event of the Product not complying with the legislation of the country to which it is being delivered.
The Customer must inform the Company about any defects within two years. Whenever possible, the Company will rectify the Products judged to be defective. Should the Company be held responsible, the warranty is limited to the amount paid by the Customer for the provision of the Products (excluding VAT).
The replacement of a Product shall not extend the duration of the warranty period.
The Company reserves the right to modify the Website, the General Conditions of Sale and Use, and any delivery procedure or other constituent element of the services provided by the Company via the present Website.
When an Order is placed, the User is subject to the terms stipulated by the General Conditions of Sale and Use in effect at the time the order is made.
XIV. Data Processing and Liberties
In compliance with the Act of 6 January 1978, all information requested regarding the Customer is strictly necessary for the Order to be processed.
This information may be communicated to the partners tasked with handling the Orders.
This data processing has been the subject of a declaration to the CNIL - France.
In compliance with the French Data Processing and Liberties Act of 6 January 1978, the Customer has the right, at all times, to access, rectify and oppose all his/her personal data by sending an email, attaching proof of identity, to the following address: firstname.lastname@example.org.
Under no circumstances shall the Company by held responsible for the unavailability, whether temporary or permanent, of the Website. While it takes all the measures available to it in order to ensure the availability of this service, it may be interrupted at any moment. Furthermore, the Company reserves the right, voluntarily, to make the Website unavailable in order to carry out any updates, upgrades or maintenance operations. As mentioned above in the present Conditions, the responsibility of the Company may not be invoked for reasons linked to delivery delays that are beyond its control, or because of the occurrence of unforeseen and unpreventable events for which no fault can be attributed to it.
XVI. Intellectual Property
The brand, the logo, and the artwork on the present Website have been registered at the French National Patent Office (INPI) and are protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or full, without the prior and express consent of the Company will expose the offender to civil and legal proceedings.
XVII. Choice of Forum Clause
The present General Conditions of Sale and Use are governed by French law. An amicable solution shall be sought to resolve any disputes that may arise between the Company and a User during their execution. If such a solution cannot be found, the disputes will be brought to the attention of the ordinary courts of competent jurisdiction.
XVIII. Acceptance of the General Conditions of Sale and Use
The Customer or User formally accepts the General Conditions of Sale and Use.
The Customer declares that he/she is aware of them and recognises that they take precedence over any other document, and notably his/her general conditions of purchase. The Customer acknowledges that he/she is aware of the information set out in articles L.111-1 to L.111-7 of the Consumer Code, and notably:
- the essential characteristics of the Product;
- the price of the Product;
- the date on, or period of time during which, the Company pledges to provide the Service;
- information relating to the identity of the Company (postal address, telephone number, email address);
- information relating to the legal and contractual guarantees and their terms of implementation;
- the possibility of using a conventional mediation in case of disputes; information relating to the right to withdraw (timeframe, method of activation).
Annex to Article R121-1 of the Consumer Code
TEMPLATE NOTICE OF WITHDRAWAL
(Please complete and return the present form only if you wish to withdraw from the contract.)
To the attention of: Tradeparency SAS, Service Clients - 21 rue de Paradis - 75010 Paris - FRANCE - email@example.com
I am/We are () writing to notify you of my/our withdrawal from the contract for the sale of the item () / for the provision of the services (*) below:
Ordered on ()/received on () :
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only if the present form is provided in paper version):
(*) Delete as appropriate.