General Terms and Conditions of Sale
"Terms and Conditions"
Updated on September 01, 2020
These general terms and conditions of sale and use govern the rights and obligations of the parties inherent in all orders for products (or the "Products") placed by any consumer for his personal needs (or the "Customer") to the company OUTDOOR KIDS, whose trade name is MERO MERO, a simplified joint-stock company with a capital of 15.000 Euros, whose registered office is at 5 av du Parmelan 74000 Annecy, registered in the trade and companies register of ANNECY under number 821 696 721, represented by its President, Mrs. Hélène ALLERA-MARIE (or the “Company”). The Company's intra-community VAT number is FR 75 821696721.
For all questions relating to orders and / or Products, the Company can be contacted at the email address: hello (at) meromero.fr or via the Contact form.
The Company and the Client are hereinafter referred to together as the “Parties”. An order that has become final constitutes a contract (or the "Contract").
1. Pre-contractual information - Binding force - Contract documents
1.1. In order to provide the Customer with complete information, in particular in accordance with the provisions of Articles L.111-1 and L.221-1 et seq. Of the Consumer Code, both on the Products and their quality and on the order and the content of the Contract likely to bind it to the Company, the latter was able to take note, before any order for Products, of these GTCS but also, where applicable, of the instructions for use of the Products. He was also able to benefit from any additional information, freely accessible on the Company's website (or the “Site”), which can be consulted at the following address: www.meromero.fr
1.2. The GTC being available at any time on the Site, and the Customer being invited to read and accept the GTC before validating his order and making payment, any order placed implies express acceptance by the Customer of the GTC.
1.3. On each "Product" page of the Site, there is a description of the marketed Product concerned as well as the precautions and risks of use and the instructions for use for certain products which require it.
2. Subject - Products - Warning on the risks of the Products
2.1. The Company designs, has manufactured and markets ingenious, modular, design and durable products, inspired by outdoor codes, for working parents. These include, in particular, backpacks, bicycle bags, modular satchels allowing the child to be carried as an extra, a changing bag with accessories, blankets (…).
2.2. The Customer's attention is drawn to the following points:
- Unless explicitly mentioned, the Products sold on the Site do not constitute childcare articles within the meaning of decree n ° 91-1292 of December 20, 1991 and of the circular of July 29, 1992. In this regard, they are not subject to the regulations applicable to these articles and are not subject to the same tests;
- Clem & Léon modular saddlebags (ref. S00101 and S00102) are not products intended to ensure or facilitate the seating, movement or transport of children but offer a secondary function of carrying extra for the child. Carrying, an accessory function of the saddlebags and not the main one, does not provide for any child restraint system against falls. The parent must therefore necessarily ensure the safety of his child by retaining him permanently, in particular by means of his arm;
- The Clem & Léon (ref. S00101 and S00102), Squamish (ref. S00201 and S00202) and Mini-Squamish (ref. S00301) bags have an attachment system, for attachment to a stroller for example. The attachment to the stroller is therefore likely, depending on the weight of the contents of the bag, to cause destabilization of the stroller. It is the parent's responsibility to be sufficiently vigilant to avoid any fall from the stroller and / or the child;
- The use of the Clem & Léon bag (ref. S00101 and S00102) is the subject of instructions for use in the user manual which it is the Customer's responsibility to strictly observe.
3. Order process
Orders are made from the Site. The Customer visits the pages of the Site and selects the Products of his choice. For certain Products, the Customer can choose the color and the materials. For each Product chosen, the Customer adds it to the basket and continues shopping if he wishes. Once the choice of the Product (s) is completed, the Customer displays his basket detailing the Products on order and the prices. The Customer has the option of correcting his basket. The Customer will then enter his personal data (those marked with an asterisk must be entered to allow the processing of the order by the Company) or his access codes, and must read these GTC. A summary of their data and their order will be generated. It will then be up to the Customer to validate his order with an obligation to purchase and pay. In this regard, the Customer declares to be the owner of the means of payment used or to be duly authorized to use it.
As soon as the order has been placed, the Company will issue an acknowledgment of receipt of the order to the email address indicated by the Customer.
Any order will only be considered final in the event of full payment of its price.
All orders are archived by the Company, under the conditions and for the regulatory period. The Customer can access it by making a request by email to hello (at) meromero.fr.
The unit prices of the Products are indicated on the page of the Product Site, all taxes included (TTC). Any costs, in particular delivery costs, are indicated on said page and / or in the basket, before the Customer confirms his order.
All orders, regardless of the country of origin, are payable in euros only. The aforementioned prices include value added tax (VAT), at the rate in effect at the time of the order.
The Company reserves the right to modify the prices of the Products at any time; it being specified that the Products will be invoiced at the prices indicated during the order.
5. Terms of payment - Payment - Security
The entire order (Products and delivery costs) is payable in cash when ordering by credit card (via the 3D Secure system) or via Paypal. It is also possible to pay for all or part of the order with a gift card previously purchased on the Site.
- By credit card : 3D Secure is a program created by international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to strengthen the security of online payments. It is based on the implementation of an additional control during an online purchase: in addition to the bank data, the Customer is invited to enter a personal data allowing his bank to identify him and validate the transaction. The accepted credit cards and bank cards are as follows: Carte Bleue, Visa, MasterCard but also the Paylib and E-Carte Bleue systems. After validation of the Customer's bank details (card number, expiration date and cryptogram), a new page will be displayed on which the Customer must enter personal information requested by his bank. This information can be: a code sent by SMS; the answer to a personal question; a password chosen beforehand ... Once the 3D Secure code has been entered and validated by the Customer's bank, the order is finalized. The Customer will then receive a confirmation e-mail. Authentication is specific to each bank. For any questions concerning the 3D Secure code, we invite the Customer to contact his bank directly. The order is only shipped after verification of the payment method and receipt of the authorization to debit the card.
- By Paypal: for payment by credit card via Paypal, the credit card number is directed to the Paypal server, payment is made directly in a secure environment without going through the Company's server, a guarantee which is all the more important as the numbers are known only to our partner Paypal. The order validated by the Customer will be considered effective only when Paypal has given its agreement. In case of refusal, the order will be automatically canceled and the Customer notified by email.
- By MeroMero gift card: When paying, the Customer must enter the identification number appearing on the card sent to him by email. If the total of the order exceeds the amount of the Gift Card, the remaining balance must be paid with another means of payment (Bank card or Paypal). If the amount of the Gift Card is greater than that of the order, the remaining balance will be recorded in the Customer's account for their next purchase.
An invoice corresponding to the order will be issued by the Company in the name of the Customer, and will be sent to him by e-mail provided during the order.
The security of the Site is ensured by the use of the SSL (Secure Socket Layer) encryption process and all information relating to bank cards is thus encrypted.
6. Product availability
6.1. On each Product page, it is indicated whether the Product concerned is in stock. Only Products in stock can be ordered.
6.2. Failing this, if applicable, it will be possible for the Customer to request to receive an informative email when the Product concerned is back in stock or to place a pre-order; in the latter case, the terms and conditions will then be specified on the page of the Product concerned.
6.3. If by an extraordinary measure, a Product was unavailable after the order by the Customer, and could not be delivered within the period indicated, the Company will inform the Customer by email at the address he has indicated; the provisions of Articles L.216-1 and L.216-3 of the Consumer Code, in force to date, will be applied.
7. Delivery - Transfer of risk
Delivery of the Product takes place within a maximum period of seven (7) working days, from the order becoming final, to the delivery address indicated by the Customer.
The Products are delivered by carriers appointed by the Company, namely either Colissimo or DPD Predict (interactive home delivery product by appointment with a one hour slot). The shipment of the package (with the package tracking number) will be notified to the Customer by sending an email to the email address he has indicated. In both cases, the Customer must imperatively enter a mobile phone number when ordering, so that the carrier can contact the Customer in the event of delivery difficulty to the Customer.
On receipt of the Product and without prejudice to the right of withdrawal stipulated below, the Customer must check the condition of the parcel (s) in the presence of the carrier, the post office employee or the parcel custodian and make all necessary reservations with him . If the package appears to have been opened or damaged, it is the Customer's responsibility to refuse said package. It will be up to the Customer to notify this finding to the carrier by registered letter with acknowledgment of receipt and to send a copy by email, accompanied by a copy of the carrier's slip on which the Customer will have, if applicable, mentioned his reservations, to the Company at the address: hello (at) meromero.fr, so that the Company can make any recourse against the carrier.
It is recalled that, in accordance with the provisions of article L.216-5 of the Consumer Code “ Any risk of loss or damage to goods is transferred to the consumer at the time when the latter or a third party designated by him, and other than the transporter proposed by the professional, takes physical possession of these goods. »
8. Right to retract
It is recalled that, in accordance with the provisions of article L.221-18 of the Consumer Code, the Customer has the right to withdraw and return the Products for fourteen (14) clear days from the date delivery of these, without having to justify its decision. In the case of an order for several Products delivered separately, the period starts from receipt of the last Product.
The Customer may, within fourteen days of the delivery of his order, exercise it by notifying his desire to withdraw as indicated below.
For the calculation of this period, the provisions of Article L.221-19 of the Commercial Code are applied, which provides:
"In accordance with Regulation n ° 1182/71 / EEC of the Council of June 3, 1971 determining the rules applicable to the time limits, dates and terms: 1 ° The day on which the contract is concluded or the day of receipt of the goods n ' is not counted within the period mentioned in the article L. 221-18 ; 2 ° The period begins to run at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the period; 3 ° If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. "
Prior to any return of a Product, the Customer must notify his intention to withdraw by returning the online withdrawal form, duly completed and signed, or any other declaration, unambiguous, expressing his desire to withdraw, by registered letter. with acknowledgment of receipt (letter AR) to the following address: Outdoor Kids SAS, 5 av du Parmelan 74000 Annecy. It is advisable to also send an email to the Company at hello (at) meromero.fr, in order to speed up the process. But in no case will the email be valid.
In accordance with the provisions of article L.221-23 of the Consumer Code and after agreement from the Company, the Customer must return the Product no later than fourteen days following the communication of his decision to withdraw.
The Customer must return his product under the conditions defined in article 10, at his expense and under his responsibility.
The refund will only be effective if the returned Products have been unused (therefore perfectly new), in their original packaging and with the labels not removed. The Products must be able to be returned in stock and put back on sale by the Company.
The return of the Products ordered will give rise to a refund equal to the total amount paid by the Customer, ie the purchase price of the Product (s) and any delivery costs.
The Customer will be reimbursed by the same means of payment as that used by him for payment for the Products, upon receipt by the Company of the Products returned by the Customer.
9. Product guarantees
9.1. In accordance with the provisions of Articles L.217-4 to L.217-14 of the Consumer Code recalled below, the Customer, consumer, benefits from the legal guarantee of conformity on the Products, applicable when the Products contain a defect of conformity, existing when the Product is delivered and ignored by the Customer at the time of sale.
In this case, and if the Customer considers that he can validly avail himself of the aforementioned provisions, it will be up to him to notify his request to the Company by registered letter with acknowledgment of receipt. If the Product does contain a lack of conformity within the meaning referred to in the preceding paragraph, not contested by the Company, the Company will replace or repair the Product within 30 days. If replacement or repair is not possible, the Customer will be refunded the price plus delivery costs within 30 days.
« Article L.217-4 : The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 : The good conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that - here presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by 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 L. 217-6 : The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.
Article L. 217-7 : The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L. 217-8 : The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L. 217-9 : In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10 : If repair and replacement of the good is impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2 ° Or if this solution cannot be done without major inconvenience for the latter taking into account the nature of the good and the use which it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
These same provisions do not preclude the award of damages.
Article L. 217-12 : Action resulting from lack of conformity lapses two years after delivery of the goods.
Article L. 217-13 : The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L. 217-14 : The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code. "
9.2. The Customer also benefits from the guarantee against hidden defects, provided for in articles 1641 and following of the Civil Code (the extracts of which appear below).
In this case, and if the Customer can validly benefit from the guarantee against hidden defects, it will be up to him to notify his request to the Company by registered letter with acknowledgment of receipt. If the Product does contain a hidden defect within the meaning of article 1641 of the Civil Code, not contested by the Company, the Company, at the Customer's request, will refund the price against return of the Product or a partial refund of the price. , within 30 days.
"Article 1641: The seller is bound by the warranty for hidden defects in the item 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 has not acquired it, or would have given a lower price, if he had known them.
Article 1645: If the seller was aware of the defects in the thing, he is liable, in addition to the return of the price he received, for all damages towards the buyer.
Article 1646: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1648: The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be released from apparent defects or lack of conformity. »
9.3. The aforementioned guarantees do not apply to Products degraded, transformed, modified or repaired by the Customer.
9.4. The Company does not offer any commercial contractual guarantee or after-sales service for the Products.
10. Receipt - Return of Products
Without prejudice to the foregoing provisions relating to the transport of the Products, in the event of the exercise of the right of withdrawal or the implementation of the legal guarantees of the Products ordered (to the exclusion of any dispute related to transport), it will be up to the Customer to '' inform the Company of this in the manner referred to above, indicating the order number, the reference of the Product (s) concerned, and the description of the disorder.
The Products must be returned to the Company, after its agreement, in their original packaging and with all the elements (accessories and instructions if any), at the expense of the Customer with regard to the exercise of the right of withdrawal.
For the exercise of the right of withdrawal, it is specified that the Product must not have been used, washed, degraded or damaged.
The reimbursement of the Product, its replacement or its repair will take place within the above time limits.
11. Force majeure - Liability
11.1. The Parties will not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure, within the meaning of article 1218 of the Civil Code.
11.2. It is also specified that the Company cannot be held liable in the following cases:
- use of the Products not in accordance with their intended use or with the instructions appearing in the documentation communicated by the Company and in particular the user manual. In this regard, it is recalled that the Products do not constitute childcare articles in the aforementioned sense (except those explicitly mentioned);
- use of the Products different from that for which they were designed and manufactured;
- normal wear and tear of the Products;
- where applicable, failure to observe the instructions for use or maintenance of the Products;
- the consequences of any modifications, in particular by addition, of the Products.
12. Intellectual property
Product design is the responsibility of the Company, which has developed innovative technical solutions within this framework. The Customer acknowledges that this know-how, the patents as well as the brands, names and logos relating to the Products are the full, entire and exclusive property of the Company. He acknowledges that the acquisition of the Products does not give him any rights over them and he refrains from taking any steps towards their appropriation.
Except with the express prior authorization of the Company, the copying, presentation, downloading, distribution, modification, reproduction, in whole or in part, of all or part of the elements appearing on or composing the Site are prohibited.
The violation of these provisions constituting an infringement within the meaning of the Code of Intellectual Property, it subjects any offender to the criminal and civil penalties provided for by French law.
13. Tolerances - modifications
Any tolerance of either Party relating to non-performance or improper performance by the other party of one of these provisions of the GTCS may under no circumstances, whatever the case may be. duration, generate any right whatsoever for that other party, nor modify in any way the nature, extent or performance of its obligations.
The Company may, at any time, make any modification or adaptation to the GTC. The applicable T & Cs will be those in effect on the date of the order.
14. Personal data
The Company undertakes to respect the confidentiality of personal data communicated by the Customer on the Site and to process them in compliance with the Data Protection Act n ° 78-17 of January 6, 1978.
The personal data collected under an order are intended for the Company which, in the absence of opposition from the Customer, is authorized to:
- keep them in computer memory,
- use them for administrative management and order processing purposes,
- use them for statistical purposes for its own needs.
This information is not intended to be communicated to third parties.
In application of the law n ° 2004-801 of August 6, 2004 relating to the protection of personal data and modifying the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer is informed that the personal data concerning him, entered by him when ordering, are subject to automated processing intended for the management of his order. The retention period for data relating to transactions made is 3 years.
These data may also be used so that the customer can be informed, in particular by e-mail, of new commercial offers on the site. For this, the customer will have to make the choice when entering the information concerning him, or via the contact forms, accessible on the site. The customer who has opted for this follow-up may freely revise this choice at any time by making a request to Outdoor Kids SAS at the postal address: MeroMero / Ourdoor Kids SAS, 5 av du Parmelan 74000 Annecy - France or at the email address: hello [at] meromero.fr.
The customer is also informed that the failure to enter by him the mandatory personal data requested during the ordering process prevents the successful completion. Mandatory data are those for which the entry field is marked with an asterisk.
The customer is also informed that he has a right of access and rectification concerning the personal data concerning him that he can exercise by writing to the postal address: MeroMero / Ourdoor Kids SAS, 5 av du Parmelan 74000 Annecy - France or at the electronic address: hello [at] meromero.fr.
The Site is hosted by the company O2Switch, French SARL with capital of 100000 €, registered in the Clermont-Ferrand Trade and Companies Register under number 510 909 80700024, whose head office is located at 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand. The o2switch brand is registered with INPI under the number 09 3 645 729.
16. Complaints - Mediation
16.1. Any complaint, in particular for non-performance or poor performance of the Contract, may be brought by the Customer to the Company by registered letter with acknowledgment of receipt to the address of the Company's registered office.
The Company will make its best efforts to provide a response to the Customer within three (3) weeks of receipt of the aforementioned letter.
16.2. In the absence of agreement between the Company and the Client, the latter may resort to a conventional mediation procedure by submitting the dispute between him and the Company to the following mediator: FEVAD from the website http: //www.mediateurfevad. Fr.
Whatever the means used to contact the mediator, the Client's request must contain the following elements: his postal, email and telephone contact details as well as the full name and address of the Company, a brief statement of the facts, and proof of the procedures prior to the Company.
17. Domicile - Applicable law - Attribution of jurisdiction
The Parties elect domicile at their respective headquarters and / or domicile.
The Parties will endeavor to settle amicably any dispute that may arise between them relating to the validity, interpretation, execution or termination of the Contract.
It is also recalled that the Customer benefits in the event of a dispute from a mediation system but may always refer the matter to the competent courts within the jurisdiction of his domicile.