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General Terms and Conditions

General Terms and Conditions

Jeremie Mercier is not a physician, does not prescribe medication, does not make a diagnosis, and does not pretend to heal any disorder.

His work is focused on prevention, healthy living and empowerment of everyone with respect to their emotional and physical health.

In addition, the provision of irrigation of the colon is not a medical act and in no way substitute for an enema performed by a nurse, on medical prescription. Irrigation of the colon is a practice of prevention and hygiene.

Similarly, all advice on the site www.jeremie-mercier.com cannot be a substitute for the opinion of a competent health professional.

The website www.jeremie-mercier.com is the property of Mercier Production, with a Share Capital of € 1000, registered in the Trade and Companies Register of NANTES under the number SIRET: 790116073 00038, whose registered office is 1 La Mouchetière, 44310 Saint-Colomban, France, represented by Mr. Jérémie Mercier as Manager, duly authorized for the purposes hereof. The company can be reached by e-mail to hi@jeremie-mercier.com.

Preliminary Article

For the purposes hereof, the following terms are defined as follows:

Firstly,

Mr. Jérémie Mercier, Manager of Mercier Production, hereinafter referred to as the “Seller” or the “Company”;

On the other hand,

The natural or legal person purchasing the Product (s) or Service (s) of the Company, hereinafter referred to as “the Customer”.

It was stated and agreed as follows:

The contract is simply concluded between the Seller and the Customer.

The Seller is the publisher of Product (s) and Service (s) of advice in natural health and personal development exclusively for consumers, marketed through its website www.jeremie-mercier.com.

The list and the description of the goods and services proposed by the Company can be consulted on the aforementioned site.

 

Article 1: object

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of the Product(s) and Service(s) offered by the Seller.

 

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) apply to all sales of Product(s) and Service(s) made through the Company’s website which are an integral part of the Agreement between the Customer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: www.jeremie-mercier.com.

 

The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox before each purchase button. The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a Product or a Service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

 

Article 3: Price

The prices of the Product(s) and Service(s) sold through the Internet sites in English are indicated in US Dollars “public price” and precisely determined on the product and Service(s) description pages. They are also indicated in US Dollars “public prices” on the order page of the Product(s) and Service(s), and excluding specific shipping costs. For all Product(s) and Service(s) shipped outside the European Union and / or DOM-TOM, the price is indicated automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Customer and are his responsibility (statements, payment to the competent authorities, etc.). The Seller invites the Customer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.

 

Article 4: Conclusion of the contract on line

The Customer must follow a series of steps specific to each Product and Service offered by the Seller to fulfill his order. However, the steps described below are systematic:

➢ Information on the essential characteristics of the Product and the Service;

➢ Choice of the Product and the Service, if any of its options and indication of the essential data of the Customer (identification, address …);

➢ Acceptance of these General Terms of Sale;

➢ Verification of the elements of the order and, if necessary, correction of errors;

➢ Follow-up of instructions for payment, and payment of the Product(s) and Service(s);

➢ Delivery of the Product(s) and Service(s). The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For the Product(s) and Service(s) delivered, this delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide its truthful identification. The customer recognizes to write the exact address where his fiscal residence is in the order form.

The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

 

Article 5: Product(s) and Service(s)

The essential characteristics of the Product(s) and Service(s) and their respective prices are made available to the Customer on the Company’s websites. The Customer certifies to have received a detail of the expenses of delivery as well as the methods of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer’s order within the limit of the stocks of Product(s) and Service(s) available only. Otherwise, the Seller informs the Customer.

This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order.

The parties agree that the illustrations or photos of the Product(s) and Service(s) offered for sale have no contractual value.

The period of validity of the Offer of the Product(s) and Service(s) and their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they relate to a continuous supply or Periodic Product(s) or Service(s).

Except under special conditions, the rights granted under the present conditions are granted only to the physical person signing the order (or the person holding the communicated email address).

In accordance with the legal provisions relating to compliance and hidden defects, the Seller refunds or exchanges the Product(s) and Service(s) that are defective or that do not correspond to the order. The refund can be requested as follows: by sending an email to hi@jeremie-mercier.com, specifying:

➢ the date of the order,
➢ the content,
➢ the means of payment,

and if possible attaching the electronic payment receipt in the case of a card payment.

The costs of return of the Product(s) and Service(s) defective paid by the Customer will be reimbursed by the Seller within a maximum period of 30 days, depending on the method of reimbursement that has been agreed between the two parties, failing this refund will be done by check.

 

Article 6: Retention of title clause

The Product(s) and Service(s) remain the property of the Company until full payment of the price. Ownership of the goods remains with the Seller until the Client has paid the full selling price.

 

Article 7: Terms of delivery

The Product (s) and Service (s) are delivered to the delivery address that was indicated during the order and the time indicated. This time does not take into account the time of preparation of the order.

In case of delay of shipment, the Customer will be informed by the Seller by email.

In case of late delivery, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to the refund of the Product or Service and the expenses “go” under the conditions of Article L 138-3 of the Consumer Code.

The Seller reminds that when the Customer physically takes possession of the Product(s) and Service(s), the risk of loss or damage to the Product(s) and Service(s) are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations on the Product or the Service delivered.

 

Article 8: Availability and presentation

Orders will be processed within the limits of available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period exceeding 10 working days, the Customer is immediately notified of the foreseeable delivery times and the order of this article may be canceled on request. The Customer may then request a credit for the amount of the item or refund.

 

Article 9: Payment

Payment is due immediately upon ordering, including Product(s) and Service(s) pre-order. The Customer can pay by credit card or bank check. Cards issued by banks domiciled outside France must be international credit cards (Mastercard, Visa, American Express, etc.). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted and cannot be read during transport on the network.

Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.

 

Article 10: Withdrawal period

In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return fees.

“The period mentioned in the preceding paragraph runs from the receipt for goods or the acceptance of the offer for the provision of services”.

The right of withdrawal can be exercised by contacting the Company as follows: by sending an email to hi@jeremie-mercier.com, specifying:

➢ the date of the order,
➢ the content,
➢ the means of payment,

and if possible by enclosing the electronic payment receipt in the case of a card payment, and indicating the reason for the withdrawal.

In case of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) and Service(s) purchased and the shipping costs will be refunded, the cost of return will be borne by the Customer.

Returns of the Product(s) and Service(s) are to be made in their original condition and complete (packaging, accessories, instructions …) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.

Special case: in case of refund request, a flat deduction of US$15 will be made for each signed book that has been sent.

 

Article 11: Guarantees

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the Product(s) and Service(s). The Seller reimburses the Customer or exchanges the Product(s) and Service(s) apparently defective or not corresponding to the order made.

The refund request must be made as follows: by sending an email to hi@jeremie-mercier.com, specifying:

➢ the date of the order,
➢ the content,
➢ the means of payment,

and if possible attaching the electronic payment receipt in the case of a card payment.

The costs of return of the Product(s) and Service(s) defective paid by the Customer will be reimbursed by the Seller within a maximum period of 30 days, depending on the method of reimbursement that has been agreed between the two parties, failing this refund will be done by check.

Seller recalls that Customer:

➢ has a period of 14 days from delivery of the goods to act with the Seller;

➢ may choose between the replacement of the Product or Service subject to the conditions set out in Article 4 of these T & Cs, and the reimbursement of the Product and the Service;

➢ is exempted from providing proof of the lack of conformity of the property during the 14 days following the delivery of the property;

➢ may also assert the guarantee against hidden defects of the Product and the Service sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the selling price (provisions of articles 1644 of the Civil Code).

 

Article 12: Claims

If necessary, the Customer may submit any complaint by contacting the Company using the following contact details:

➢ by email: hi@jeremie-mercier.com
➢ by mail: Wize Up for Mercier Production | 29 rue Etienne Richerand | 69003 Lyon | France

 

Article 13: Intellectual property rights

Trademarks, domain names, products, software, images, videos, texts or more generally any object of intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

 

Article 14: Force majeure

The performance of the Seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

 

Article 15: Nullity and modification of the contract

If one of the stipulations of the present contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.

 

Article 16: Protection of personal data

This site has been declared to the CNIL under the number 1919463. The information collected on www.jeremie-mercier.com is used only in the legal framework provided in France for the respect of the private life. Mercier Production is the recipient of the data. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning Products and Service (s) published by the Company and its partners. You can unsubscribe at any time. Just click on the link at the end of our emails.

In accordance with the Data Protection Act of January 6, 1978, you have the right to query, access, modify, oppose and rectify personal data concerning you, which you can exercise by sending a message to hi@jeremie-mercier.com.

 

Article 17: Applicable Law

All clauses contained in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.