General Conditions of Sale

In force as of 01/27/2024

General conditions of sale These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the client”), affiliated companies wishing to acquire the products offered for sale (“The Products”) by the Seller on the Mercaly.com website. You are provided with website functionality and other products and services when you visit the Mercaly.com website (the “Website”), make purchases on the Website, use Mercaly devices, products and services, and use Mercaly mobile applications (collectively, the “Mercaly Services”).

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Mercaly.com website, which the customer is required to read before ordering.

TERMS OF USE

We thank you for reading the conditions carefully before using our platform.

Mercaly.com offers a wide or plurality of services also, when you read the conditions of use you are subject to the terms and conditions.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers extend within the limits of available stocks, as specified when placing the order.

These General Terms and Conditions are accessible at any time on the Mercaly.com website and will take precedence over any other document.

The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the Mercaly.com website.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.

1. ELECTRONIC COMMUNICATIONS

By using any Mercaly service or by sending an electronic message, SMS, or call from your devices, you are communicating with us electronically. To keep you informed, we communicate with you by SMS, by email and you receive notifications from our various services.

For contractual purposes, you agree that all agreements, information, disclosures and other communications that we send to you electronically satisfy all legal obligations to be communicated in writing, unless a specific mandatory law requires another method of communication.

We kindly ask you to read our regulations in order to better help you.

2. RECOMMENDATIONS AND CUSTOMIZATION

To keep you well informed, we use targeted advertising, features that we think may be of interest to you.

3. INTELLECTUAL PROPERTY, COPYRIGHT, AND DATABASE PROTECTION

For the protection of your data, Mercaly takes the right to all data that passes on its platform (images, logos, functionalities and all necessary documents). No one has the right to extract, use images or anything on our platform without our permission. The content of the Mercaly.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Any use of our data is subject to legal action.

The transfer of ownership of the Seller’s Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

4. REGISTERED TRADEMARKS

Mercaly.com

Share capital of $25,000

Registered with the RCS of PETION-VILLE, under number 000-750-913-1 HAITI

Email: info@mercaly.com

5. PRICE POLICY

The Products are supplied at the current prices appearing on the Mercaly.com website, when the order is registered by the Seller.

Prices are expressed in Euros, excluding tax and including tax, USD.

We use payment software: PayPal

The prices take into account any reductions that may be granted by the Seller on the Mercaly.com website.

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time. The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

6. ORDERS

It is up to the Customer to select on the Mercaly.com site the Products he wishes to order, according to the following terms: The customer chooses his product and places it in the basket, to place the order, the customer clicks on the basket which is located on the right at the top of the page, after clicking on order, in this case we will ask him to create an account if he does not already have one and once finished we will ask him to choose his payment method. Once finished we send him an invoice as well as the process.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the Mercaly.com site constitutes the formation of a contract concluded remotely between the customer and the seller.

The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

The customer will be able to follow the progress of their order on the site. Any cancellation of the order by the customer will only be possible before delivery of the Products (irrespective of the provisions relating to the application or not of the legal right of withdrawal).

In the event of cancellation of the order by the customer after its acceptance by the Seller less than two days for certain products at least days before the date scheduled for delivery of the Products ordered, for any reason whatsoever other than force majeure (and where applicable, apart from the application of the legal right of withdrawal in the event that it could apply), a sum corresponding to 30%% of the total amount of the purchase will be automatically acquired from the Seller and invoiced to the Customer, as damages and interest, in compensation for the harm thus suffered.

7. CUSTOMER AREA – ACCOUNT

In order to place an order, the customer is invited to create an account (personal space).

To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.

The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.

To access their personal space and order history, the customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.

The customer can also request unsubscription by going to the dedicated page in their personal space or sending an email to: mercaly.com. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the Mercaly.com site will have the possibility of suspending or even closing a customer’s account after formal notice sent electronically and remaining without effect.

Any account deletion, whatever the reason, results in the pure and simple deletion of all personal information of the customer.

Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account entails acceptance of these general conditions of sale.

8. PAYMENT TERMS

The price is paid by secure payment method, according to the following terms:

Payment by credit card on PayPal, Or payment by bank transfer to the Seller’s bank account (the details of which are communicated to the Customer when placing the order) The price is payable in cash by the Customer, in full on the day of placing of the order.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the MERCALY.COM site.

Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

9. DELIVERY POLICY

Deliveries take place within a delivery time of 15 from the location to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the customer within the deadlines specified above. However, these deadlines are communicated for informational purposes only.

If the Products ordered have not been delivered within a period of 30 days after the indicative delivery date, for any reason other than force majeure or the customer’s actions, the sale may be canceled at the customer’s written request. Under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.

The customer is required to check the condition of the delivered products. It has a complaint period of 31 days from delivery to make complaints by complaint mode by email, there is a Link at the bottom of the page that the person could fill out or send us an email , accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk except when the customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.

10. RIGHT OF WITHDRAWAL

According to the terms of article L. 222-7 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal, without having to justify a reason or incur penalties.

The period during which the right of withdrawal can be exercised starts from the day on which:

1° the distance contract is concluded;

2° the consumer receives the contractual conditions and information, in accordance with article L. 222-6, if the latter date is later than that mentioned in 1°. “.

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller using the postal or email address indicated in Article 1 of the General Terms and Conditions.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be sold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned.

Return costs remaining the responsibility of the Customer. The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.__

11. SELLER’S LIABILITY – GUARANTEES

The Products supplied by the Seller benefit from:

The legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order.

The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees Article L217-4 of the Consumer Code

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Article L217-16 of the Consumer Code

“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer’s request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention. »

Article 1641 of the Civil Code.

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within (indicate the deadline) days following the Seller’s discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.

The Seller cannot be held liable in the following cases:

Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the seller’s liability.

The Seller’s guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Products purchased on the MERCALY.COM site may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and prices:

The seller is responsible for damaged products and first packaging. This contractual guarantee covers the following situations:

Damaged products as well as any problems that the products may have during its journey.

This guarantee is excluded in the following situations:

It does not apply to the extent that the customer accepts the product as it was on the site

It is applicable under the following conditions: Once the order is placed the conditions may be applicable.

12. COMPUTING AND FREEDOMS

In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Mecaly.com site has been the subject of a declaration to the CNIL, number ________________.

The customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.

This right can be exercised according to the terms described in the “legal notices” section of the Mercaly.com website.

13. APPLICABLE LAW – LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

14. DISPUTES

For any complaints, please contact customer service at the Seller’s postal or email address indicated in the following Art of these General Terms and Conditions.

The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

________________

E-mail:

The customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

All disputes relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the sellers or by mediation, will be submitted to the competent courts under the conditions of law. Common.

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on Mercaly.com unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.

To the attention of commercial, Mercaly

HAITI

I hereby notify the withdrawal of the contract relating to the property below:

– Order from (indicate date)

– Order number: …………………………………………………..

– Client name: …………………………………………………………………

– Customer Address: ……………………………………………………………..

Signature of the Client (only in the event of notification of this form on paper

Source: Mercaly