Preamble

 

The on-line store of the website mapetitemercerie.com was set up by the company Ma Petite Mercerie, the owner of that website.

Any order of an item that appears within the on-line store of the website mapetitemercerie.com implies the prerequisite acceptance of terms & conditons of use.

Therefore, the customer acknowledges being completely informed that his agreement concerning the content of the hereby terms & conditions does not require the handwritten signature of it, insasmuch the customer wishes to order on-line the items presented within the framework of the website.

The customer has the right to save or to edit the hereby terms & conditions of use, a right that is only of the customer’s responsability, since those terms & conditions of use are likely to be changed : if this is the case, then the applying terms & conditions will be those currently used on the website at the date of the order.

 

Identity

Ma Petite Mercerie
ZIR MAS DE REST
Avenue Gustave Eiffel 81600 - GAILLAC
contact@mapetitemercerie.com
Phone: +33 5 63 81 47 18

Company Registration Number :  51535168200015
V.A.T number : FR 91515351682 &  BE0689707612

The on-line shop set up by the company Ma Petite Mercerie in the framework of the website mentions the following informations :

- a presentation of the main characteristics of the items sold on the website

- the information about the terms of payment, of shipping or of handling.

- the possibility to retract

- the period of validity of the offer or of the price.

All those informations are in French and in English. The customer declares that he or she is totally alegally entitled to bind himself or herself to the terms & conditions.

 

Precisions :

Ma Petite Mercerie sells the fabrics per multiples of 10 cm per width (for example : 1 = 10 cm, so you will receive 10 cm width), except for the wadding, the tulle and the percale which are sold per meter width (for example : 1 = 1 meter width).

 

Ma petite mercerie respects the right to withdraw, which is of 7 calendar days. During this period, the customer can, at his expenses, return the items which he is not satisfied with. The period starts on the delivery date of the order. All returns must at first be reported to the Customer Service of the company Ma Petite Mercerie, by sending an email at : contact@mapetitemercerie.com.

Items not eligible for return : fabric or trim cut at the request of the customer, sewed items, personalized items, made-to-measure items or exclusive items. (See Article 15).

Shipping rates :

Our packages are generaly sent through 3 to 5 days after the payment was received (provided the availability of the items), except on weekends and public holidays), here are the types of shipping class services :

To take away in our warehouse Ma Petite Mercerie : the shipping is free if you come to our warehouse to take away your order, in Gaillac (ZIR Mas de Rest 318 avenue Gustave Eiffel 81600 Gaillac).

- Lettre suivie for shipping to France  for orders less than 10 euros et 250 gr.

- Colissimo domicile, pick up station and post office for shipping to France and Belgium.

- Colissimo Expert Outre-Mer (personal delivery package) for Frances overseas territories/departments).

- Colissimo Expert International (personal delivery package) thoughout the rest of the world : delivery time is 4 to 10 business days.

- Chronopost 24H pick up station the next day to the France.

- Chronopost 24H home the next day to the France.

*INFORMATIONS CHRONOPOST : Order before 1pm delivery next day (D+1). Order after 1pm delivery two day later (D+2). Orders on thuesday and friday are delivery on monday. (D is the date of order).

Zone/Order value bracket Global shipping rates

De 0€ à 15€

De 15€ à 25€ 

De 25€ à 35€

De 35€ à 69€

De 69€ à 150€

Plus de 150€ 

Metropolitan France – Lettre suivie

2,99€

-

-

-

-

-

Metropolitan France and Belgium – Colissimo Relais/La poste

4,97€

4,97€

4,97€

5,97€

Free

Free

Metropolitan France, Belgium, Corsica, Monaco et Andorra – Colissimo Domicile – Sans signature

6,97€

6,97€

6,97€

6,97€

Free

Free

Metropolitan France, Belgium, Corsica, Monaco et Andorra – Colissimo Domicile – Avec signature

7,97€

7,97€

7,97€

7,97€

Free

Free

Metropolitan France – Chrono relais 24h

10,90€

10,90€

10,90€

10,90€

10,90€

10,90€

Metropolitan France – Chronopost domicile 24h

15,90€

15,90€

15,90€

15,90€

15,90€

15,90€

Swiss – Colissimo expert international

12,90€

12,90€

12,90€

12,90€

12,90€

Free

Overseas Territory Zone 1(French Guiana, Guadeloupe, Martinique, Reunion, Saint Pierre and Miquelon, Saint Barts, Saint Martin and Mayotte) - Paquet prioritaire international suivi

5,50€

6,50€

7,50€

-

-

-

Overseas Territory Zone 1(French Guiana, Guadeloupe, Martinique, Reunion, Saint Pierre and Miquelon, Saint Barts, Saint Martin and Mayotte) - Colissimo domicile avec signature

15,00€

15,00€

15,00€

15,00€

25,00€

35,00€

Overseas Territory Zone 2 (New-Caledonia, French Polynesia, Walis and Futuna, French Antartica Clipperton Island) - Paquet prioritaire international suivi

5,50€

6,50€

7,50€

-

-

-

Overseas Territory Zone 2 (New-Caledonia, French Polynesia, Walis and Futuna, French Antartica Clipperton Island) - Colissimo domicile avec signature

25,90€

25,90€

25,90€

25,90€

40,90€

60,20€

Europe zone 1 (Germany, Luxembourg, Netherlands) – Paquet prioritaire international suivi

5,97€

6,97€

7,97€

-

-

-

Europe zone 1 (Germany, Luxembourg, Netherlands) – Colissimo domicile sans signature et en point relais

8,97€

8,97€

8,97€

8,97€

8,97€

Free

Europe zone 1 (Germany, Luxembourg, Netherlands) – Colissimo domicile avec signature

9,97€

9,97€

9,97€

9,97€

9,97€

Free

Europe zone 2 (Spain, United Kingdom) – Paquet prioritaire international suivi

5,97€

-

6,97€

7,97€

-

-

Europe zone 2 (Spain, United Kingdom) – Colissimo domicile avec signature

13,20€

13,20€

13,20€

13,20€

13,20€

Free

International Zone 1 (Austria, Guernsey, Isle of Man, Ireland, Jersey, Portugal, San Marino, Holy see (Vatican)) – Paquet prioritaire international suivi

5,97€

6,97€

7,97€

- - -

International Zone 1 (Austria, Guernsey, Isle of Man, Ireland, Jersey, Portugal, San Marino, Holy see (Vatican)) – Colissimo expert international avec signature

15,00€

15,00€

15,00€

15,00€

19,00€

Free

International Zone 2 (Gibraltar, Italy) – Colissimo expert international avec signature

15,00€

15,00€

15,00€

15,00€

19,00€

Free

International Zone 3 (Denmark, Estonia, Greenland, Hungary, Latvia, Liechtenstein, Lituania, Faeroe Islands, Poland, Czech Republic, Slovakia, Slovenia, Sweden) – Colissimo expert international avec signature

15,50€

15,50€

15,50€

15,50€

19,00€

Free

International Zone 4 (Albania, Algeria, Armenia, Bosnia Herzegovina, Bulgaria, Cyprus, Croatia, Estonia, Finland, Georgia, Greece, Canary Islands, Iceland, Kosovo,  Macedonia, Malta, Marocco, Montenegro, Norway,  Romania, Serbia, Tunisia, Turkey, Ukraine) – Colissimo expert international avec signature

18,00€

18,00€

18,00€

18,00€

24,00€

Free

International Zone 5 (Australia, Canada, China, South Korea, United States (USA), Hong Kong, India, Israel, Japan, Russia, Singapore, Taïwan, Thaïland, Vietnam) – Colissimo expert international avec signature

29,00€

29,00€

29,00€

29,00€

49,00€

69,00€

International Zone 6 (Afganistan, Anguilla, Antigua et Barbuda, Natherlands Antilles, South africa, Angola,Saudi Arabia, Argentina, Bahamas, Bangladesh, Benin, Bermuda, Bolivia, Brazil, Burkina Faso, Cambodia, Cameroon, Cape Verde, Central African Republic, Chile, Colombia, Djibouti, Egypt, Ethiopia, Gabon, Guinea, Solomon Islands, Iran,  Jordan, Kenya, Libanon, Libya, Mauritius, Mauritania, Mozambique, Niger, Qatar, Chad, Togo, Sri Lanka,) – Colissimo expert international avec signature

39,00€

39,00€

39,00€

39,00€

49,00€

69,00€

Article 1 : Whole Commitment

The hereby terms & conditions represent the whole commitments of the customer and the seller. Thus, the customer is supposed to accept without reservations the whole stipulations of the terms & conditions. As for Ma Petite Mercerie, the company is commited to respect her retailer status in the framework of thoses conditions..

Article 2 : Purpose

The purpose of the hereby terms & conditions is to define the rights and duties through the on-line sale of goods and services sold by Ma Petite Mercerie to the customer.

Article 3 : Contractual documents

The hereby contract is made of the following contractual docuements : 

  • The hereby terms & conditions (including the shipping rates condtions)
  • The order form.

If any contradiction exists in the stipulations of documents from a different ranks, the dispositions of the higher rank will prevail.

Article 4 : Coming into effect - validity

The hereby terms & conditions come into effect on the date of the signature of the order form.

The hereby terms & conditions are concluded for the necessary time to the delivery of the goods and services, until the end of the warrantee

Article 5 : Confirmation of on-line orders and E-signature (Law of March 13th,  2000 about the Electronic signature.)

Any order form signed by the customer with a "double click" represents an irrevocable agreement that cannot be called into question, except for the limited cases mentionned by the hereby terms & conditions including the shipping rates condtions, the « retractation right » and « out of stock ».

The « double-click » associated to the authentification and the no-renunciation procedure, and to the protection of the whole messages represents an electronic signature.

This electronic signature is as worth as a handwritten signature between both parts of the contracts.

Article 6 : Order Confirmation

The contractual informations will be confirmed by an email. Some orders may be subject to some controls from our checking service. If that is the case for your order, you will receive an email from us where we ask you to send us supportive documents so that we can confirm for good your order. Ma Petite Mercerie keeps the right to cancel the order if the supportive documents are not sent, or if they do not conform to actual requirements.

Any order paid by check will be proceed once the payment is received. Delivery date will then change : it will be effective on the date we received the payment of your purchase. 
Ma Petite Mercerie suggests that the customer should keep any copy of his order via paper or computer data. The customer must check the complete details and their compliance he or she gives to mapetitemercerie.com.
The latter will absolutely not be hold responsible of any mistake of data capture that would cause delay and mistakes in the delivery. In those circumstances, the fees for the forwarding delivery will be charged on the customer's account.

Article 7 : Purchase Evidence

The computerized register, stored in the computer systems of the company Ma Petite Mercerie in reasonable secured conditions, will be considered as proofs of messages, of orders and of payments that occured between both parties. The storage of purchase orders and invoices is put on reliable and lasting recording medium : it can be provided as evidence.

Article 8 : Products' details

8-a : The company Ma Petite Mercerie offers in its website mapetitemercerie.com the products to sell with the necessary features, which respect the article L 111-1 of the Consumer Rights Law, which enables the prospective customer to know the necessary features of the products he or she wanted to buy, before he or she places his or her order.

8-b : The items offered by the company Ma Petite Mercerie are valid only on available items.

8-c : The items offered on the website are on sale in accordance with the European Marketing rules. The photographs, texts, graphics, information and features that illustrate the offered items are non-contractual. Consequently, they cannot engage the responsability of Ma Petite Mercerie if there were any mistake or any missing information about the photographs, texts, graphics, information or features.

8-d : Ma Petite Mercerie cannot be held responsible of the nonfulfilment of the contract on account of any force majeure.

8-e: Hyperklinks can send customers on websites other than the website « mapetitemercerie.com ». Ma Petite Mercerie absolves itself from responsabilty toward the case in which the contents of those websites break the legal requirements applicable.

Article 9 : The Price

The prices of the products are in VAT included Euro (€), and they apply only when the customer sends the confirmation of the order.


The prices do not include the shipping & delivery fees shown in our shipping price list for the European Union (for countries outside of the E.U., the cost estimation for the shipping & delivery will be suggested at the purchase order) : those fees will be asked as additional payment,
and shown before the definitive confirmation of the order.

Article L122-1 : It is forbidden to refuse to sell a product or a service provision to a customer, except for legitimate reason (the notion of derisory price includes the products sold at a lower price than their real value, and the products sold at a very low price. In brief : if the price of the product on the on-line store is derisory, then the Cyberseller has the right to cancel the sale, when it is obvious that the customer is aware of the mistake and wants to abuse it, that is especially aimed to the prices that are "obviously derisory"), and to make the sale dependent on the purchase of an imposed quantity, or to make the sale dependent on the simultaneous purchase of another product or another service. It is also forbidden to make the service provision dependent on another service or dependent on the purchase of a product from the moment this dependence builds up an unfair trading practice (as the article L. 120-1 means it).

The checkout must be processed when ordering, except when a special offer is suggested by the website. Never the amount of money paid can be considered as deposits or payment on account.

Article 10 : Methods of payment

The customer has a choice of methods of payment (precised in the order form) to pay his or her purchase : credit card, check, bank transfer.

If the order is paid with a check, the check must be issued by a Bank in Metropolitan France or in Monaco.

Also, any order paid by check will be proceed once the payment is received. Delivery date will then change : it will be effective on the date we received the payment of your purchase. 

If the order is paid with a bank transfer, here is the necessary information about our account number :

Bank Code : 17807

Sort code : 00602

Account number : 75321740773   / Key :10
IBAN / FR76 1780 7006 0275 3217 4077 310
SWIFT / CCBPFRPPTLS


We cash the checks as soon as the order is confirmed.


The customer assures the company 
Ma Petite Mercerie that he or she has the necessary authorizations to use his or her payment choice, when the order is confirmed.

The company Ma Petite Mercerie keeps the right to suspend any order proceeding if the payment by credit card is refused by the official authorized banks, or if there is no payment.

The company Ma Petite Mercerie also keeps the right to refuse any delivery, or to refuse to fulfill an order if the customer has not  totally or in part paid a previous order, or if there were any ongoing legal dispute about a payment.

The customer remains informed that Ma Petite Mercerie could not be held responsible for any embezzlement or fraudulent use of any method of payment that was not tracked down by the checking procedure.

As part of that checking procedure, the customer may be asked to send, through a fax or an email to Ma Petite Mercerie, a copy of his or her ID card as well as a proof of address. The order will only by confirmed after our services have received and checked those proofs.

If we do not received them within the period of 15 days following the order, the latter will be admitted as cancelled as of right.

 Ma Petite Mercerie remains the complete owner of the selled products until the full payment is received for the order (fees and taxes included).

The ownership transfer of a product bought at Ma Petite Mercerie by the customer for a third party will not be taken charge of by the company Ma Petite Mercerie

Only the buyer of that product can claim to agree to the clause of the hereby terms & conditions of sale.

Article 11 : Products available

All the products that can be ordered on the website www.mapetitemercerie.com are in stock in our warehouse.

Each ordered item is automatically deducted from the total stock. Consequently, the orders are usually shipped within 3 to 5 days after the payment is received.

If a product is out of stock due to a mistake in our stock, the customer will be informed as soon as possible and will have to possibility to cancel is under 48 hours period. The customer will then have the choice to ask either a refund, if required, of the amount paid in the end of the period of withdrawal or the cancellation of the order at the latest of the payment; or an exchange of product of equivalent features and equivalent price, if Ma Petite Mercerie is able to get it.

If an exchange is not possible, Ma Petite Mercerie keeps the right to cancel the customer's order and to refund the amount paid.

Article 12  :  Methods of delivery

If the order is paid with a check, the check must be issued by a Bank in Metropolitan France or in Monaco.

Any order paid by check will be proceeded once the payment is received. Delivery date will then change : it will be effective on the date we received the payment of your purchase. 

The products will be delivered to the shipping address written the the customer on the order form.

The customer must check the complete details and their compliance he or she gives to mapetitemercerie.com. The latter will absolutely not be hold responsible of any mistake of data capture that would cause delay and mistakes in the delivery. In those circumstances, the fees for the forwarding delivery will be charged on the customer's account.

Ma Petite Mercerie can not be held responsible for any delays in the delivery due to mistakes or due to disruptions caused by carrier (total or partial strike, especially from the postal services and from the means of transportation and/or from means of communication).

The customer must check the packaging of the goods when he or she receives it, and must contact us any damage caused by the carrier on the delivery not, and any damage caused by Ma Petite Mercerie, in a period of two business days.

Tue customer will be informed by email of the imminence shipping if his or her order. If there is any delay of more than three days than what was written in the shipping information email, we suggest you to contact your post office in order to check if your package is not undealt-with. If that is not the case, then let us know about the delay by sending us an email.

We will contact the Postal Service to launch an inquiry. An inquiry from the Postal Service can take up to 21 business days, starting on his launching date. If during this period the package is found, it will be immediately dispatched to your home. 

If, on the contrary, the package is still not found after the period of 21 business day of the inquiry, it will then be considered as a lost item. In that case, we will be able to send you another product, to replace your lost package, at our expenses, after the period of 21 business days.

If the products ordered were not available on that time, then we will refund you with the total amount of the products lost by the carrier.
If there is no delivery, the customer has a period of 30 days, starting on the shipping date of the package, to contact us and to lauch an inquiry with the Postal Services.

Article 13 : Delivery problems caused by the carrier

Any anomaly about the delivery (damages, missing products in the package compared to the order from, broken items...) must be written on the delivery note as "Return Form" with the customer's signature.

In the case of a shipping by La Poste (National Postal Service), if your package is opened or broken (especially when you see the yellow adhesive tape"La Poste), the customer must launch a "Constat de Spoliation" / a despoliation official report (named "Constat 170), so that Ma Petite Mercerie can launch an inquiry and an compensation procedure.

Article 14 : Delivery Errors - Non-compliant products

14-a : The customer will have to inform the company Ma Petite Mercerie, during 15 days after the delivery, any delievery error complaint and/or or non-compliant products, for the type or the quality, compared to what is written on the order form. Any complaint made after that period will be refused with no possible recourse.

14-b : The customer must express that complaint by sending an email to Ma Petite Mercerie at this following email address:  contact@mapetitemercerie.com.
-
14-c : Any complaint that does not respect the aforementioned rules, nor the allowed period, will not be considered and will not engage any responsability from Ma Petite Mercerie toward the customer.

14-d : For any product to exchange or to refund, the customer must send back the package at this following postal address : Ma Petite Mercerie, ZIR Mas de Rest - Avenue Gustave Eiffel - 81600 GAILLAC , in the 8 business days following the complaint. But before that, to be accepted, every returns must be informed to the Customer Service of the company Ma Petite Mercerie.

14-e : In cause of fake statement and unfair complaint, Ma Petite Mercerie will send a disagreement and refund refusal email, email that will be legitimate. The goods will be kept and sent back, to the customer's expense, to its request.

If the aforementioned procedure is not respected, we will refuse any complaint about non-compliant products or about visible defects of the products delivered.

Article 15 : Withdrawal Policy

Ma Petite Mercerie respects the withdrawal period of 17 calendar days. During this period, the customer can return, to his or her expenses, the products that not suit you. That withdrawal period starts on the day that the package is delivered to to customer. In order to excercise your right of withdrawal, you must first contact the Customer Service of the company Ma Petite Mercerie by sending an email at the following address : contact@mapetitemercerie.com.

Exclusions to the right of withdrawal : fabric or trim cut at the request of the customer, sewed items, personalized items, made-to-measure items or exclusive items. 

Ma Petite Mercerie recommands the customer to return his or her products in "colissimo" with a recorded letter or an additional insurance, in order to guarantee, if need be, the compensation of the products on a par with the real market value.

The customer can exercise that right to withdraw with no fee, except for the cost of the return. The value of the returned items "Exclusions to the right of withdrawal : fabric or trim cut at the request of the customer, sewed items, personalized items, made-to-measure items or exclusive items" will be refunded either by recredit to the customer's bank account (secured bank operation) if the order was paid with a credit card, or with a check in the other methods of payment for the order (the shipping fee are not refundable).

If the right to withdraw is exercised, Ma Petite Mercerie will make the best efforts to refund the customer as soon as the package is received by the company, "Exclusions to the right of withdrawal : fabric or trim cut at the request of the customer, sewed items, personalized items, made-to-measure items or exclusive items"

Use this withdrawal policy : WITHDRAWAL POLICYFORM

Article 16 : Force majeure

Expressly, the circumstances considered as force majeure clause, other than the circumstances usually retained by the jurisprudence of the French courts and tribunals : 

None of both parties shall be liable for any failure of or delay or hitch in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control.

Any fact or circumstance that is irrisistable, external to both parties, unpredictable, unavoidable, beyond the control of both parties, and that cannot be prevented by both parties, despite of all the reasonable possible efforts.

The party injured by such circumstances must inform the other party in the ten business day following the knowledge of the event.

Both parties must then cooperate, within a period of one month, except if it is not possible because of the event of force majeure, to evaluate the consequences of the event and to agree on the conditions in which the fufillment of the obligations under the contract will carry on. 

If the event of force majeur lasts more than three months, the hereby terms & conditions will be cancelled.

Is considered as event of force majeur :

fire, flood, earthquake, storm, hurricane or other natural disaster, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service, the lockout of the means of supplies.

Article 17 : The partial unvalid stipulations

If one or many stipulations of the hereby terms & conditions are considered as unvalid or declared unvalid by a law, by a regulatory rule or by a final decision of a competent juridiction, all of the other stipulations will remain in full force and effect.

Article 18 : Non-waiver

If one of the parties breaches these terms & conditions and the other partie takes no action, it will not be entitled to use the waiver to the obligation in question.

Article 19 : Governing Law and Jurisdiction : exclusive juridiction of the contract

The hereby terms & conditions are governed by French law, and the making of the contract is supposed to be where the order was placed, which means the head office of « Ma Petite Mercerie » Les Palisses 81600 Sénouillac.

So this is the case for both substance and form rules.

For any dispute or claim, the customer mustas a priority contact Ma Petite Mercerie to get an out-of-court agreement. 

Article 20 : Software and content

In compliance with the French law "Informatique et libertés" n°78-17, from January, 6th, 1978, you have the right to access and change your personal data.

For that purpose, send us a letter to the following address : Ma Petite Mercerie ZIR MAS DE REST Avenue Gustave Eiffel 81600 GAILLAC.

The user is informed that this automatic data processing, including the processing of users' email addresses, was subjected to a declaration to the CNIL (the French National Information Science and Liberties Commission, the board which enforces law on data protection) under the number (undergoing request)

Article 21 : Legal notices

The website « www.mapetitemercerie.com » is a publication of Ma Petite Mercerie, company with capital of 300 000 € registered at the RCS (the French Register of Commerce) of Albi with the number RC ALBI 515 351 682
For any further informations and questions, our Customer Service is at your disposal by email at : contact@mapetitemercerie.com
We remind you that you can also follow your order online on your account : http://www.mapetitemerecerie.com/login.php which also gives you an access to a follow-up online of all your orders. 

Article 22 : Intellectual Property

The intellectual property rights and copyrights in all software and content made available to you on or through this Website remains the property of  www.mapetitemercerie.com and are protected by copyright laws and treaties around the world.

All rights reserved to www.mapetitemercerie.com for all the texts, commentaries, books, illustrations and pictures put on its own website.

In this respect, and in conformity to the Code of Intellectual Property, you may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying.

If you order a personalized product, the copyright will absolutely not be given away on the creation.

Article 23 : Photographs and products visuals

The photographs of ma petite mercerie are made in a photography studio, with standard lighting and devices.

The screens of ma petite mercerie are regularly graded.

The responsability of Ma petite mercerie is not put on the line on the digital display of screen colors, no matter what is the kind of quality of the users' screens.