Terms and Conditions of Sale

Terms and Conditions of Sale

I. Preamble
These general terms and conditions of distance sale (hereinafter "the GTC") govern exclusively - to the exclusion of all other conditions and, in particular, those applicable to in-store sales or through other distribution and marketing channels - the distance sale by the company LA MERINGAIE (a simplified joint-stock company with a capital of €62,500, whose registered office is in Paris (75017), 14, boulevard de Courcelles, registered with the Paris Trade and Companies Register under number 810 787 432, identified under the intra-community VAT number FR 08 810787432) to its customers (as defined below) of the items offered on the website lameringaie.com (hereinafter "the Site").By "Customer," it is meant any natural person at least eighteen (18) years old acting as a consumer within the meaning of the Consumer Code, i.e., for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity (hereinafter "the Customer"), who agrees to fill in the mandatory fields for the registration of their order and has a delivery address located in one of the areas served by LA MERINGAIE. These GTC are therefore not applicable to legal entities or natural persons placing an order for the needs of their professional activity.The GTC - accessible on the Site and available on request at the email address client@lameringaie.com or by phone at +33 (0)1 44 71 94 16 - apply to any order placed by the Customer via the Site, or by email at the address commandes@lameringaie.com or by phone at +33 (0)1 44 71 94 16.II. Acceptance of general and specific terms of sale
Any confirmation by the Customer of an order constitutes full and complete acceptance of these GTC and the specific conditions of their order (items, quantities, prices, delivery methods and times, etc.).Modifications to the GTC are binding on Customers from the time they are posted online (or communicated for orders by phone and email) and cannot be applied to transactions concluded previously. LA MERINGAIE therefore invites Customers to carefully review the current GTC with each new order.III. Products
Each item offered on the Site is subject to a brief presentation indicating its name, quantity, and price. This information is included in the product sheet detailing the description and composition of the product, allowing the Customer to know its essential characteristics before finalizing the order. The photographs of the products are not contractual.IV. Validity period of the offer
Our offers are only valid during the period of online presentation and are subject to availability, with indications of product availability provided at the time of order placement. In case of product unavailability after your order has been placed, we will contact you by phone or email as soon as possible to inform you and agree with you to:

  • delay the pickup of the unavailable product until it is restocked, if possible,
  • cancel your order for the unavailable product and refund the price paid within fourteen (14) days of this cancellation.

V. Username and password
When placing their first online order on the Site, a username and password are chosen by the Customer. The username and password serve as proof of the Customer's identity and bind them to any order placed using them. They have the value of an electronic signature within the meaning of the law of March 13, 2000. The Customer is solely responsible for their username and password and will bear the consequences of any use by third parties who have become aware of them, unless they can demonstrate that the knowledge of this username and password results from a fault of LA MERINGAIE. In case of forgetting their password or username or fear that a third party may have gained knowledge of it, the Customer has a function on the Site to retrieve their username and choose a new password.VI. Formation of the contract: procedure and proof
6.1 Registration and confirmation of the order
6.1.1 Order by phone or emailPrior to any order, LA MERINGAIE provides the Customer with the essential characteristics of the goods offered, their price, and the conditions and terms of the right of withdrawal. A confirmation request is sent by LA MERINGAIE to the Customer by email, which includes i) the detailed summary of the ordered items, ii) the date, mode, and delivery costs, iii) the chosen payment method, iv) the current version of the GTC. Upon receipt of the Customer's agreement, LA MERINGAIE registers the order, which becomes firm and final only under the following conditions.6.1.2 Online order on the SiteAny order entry on the Site is simultaneously subject to a summary before the Customer is invited to confirm their order by indicating their choices regarding the delivery address and payment method. At each stage of the order entry process and before its validation, the Customer has a mechanism allowing them to correct or modify their choices.The Customer is then invited to validate their order. Once this operation is completed, the order is automatically recorded and becomes firm and final only under the following conditions.6.1.3 Common reservationsThe information provided by the Customer when placing the order is binding: in case of error in the Customer's contact details or the delivery address, particularly their name, first name, address, phone number, email address, door code, floor resulting in the loss of the products, the Customer remains responsible for the payment of the lost products and no compensation or refund can take place.6.2 Confirmation of order receipt
LA MERINGAIE confirms receipt of the order to the Customer. This confirmation, accompanied by the withdrawal form, is communicated to the Customer by email to summarize the ordered products, the address, date, and delivery mode, the chosen payment method, and the order number.Any order with a payment choice by credit card or Paypal is considered final only when the relevant payment centers have given their agreement. In case of refusal by these centers, the order is automatically canceled and the Customer is informed either by a message on the screen by the payment center in case of online purchase, or by email sent by LA MERINGAIE in other cases.6.3 Proof
The data recorded by LA MERINGAIE through the automatic recording systems of the Site or by its Customer Service as well as any email exchanged between LA MERINGAIE and the Customer will be considered as proof of the nature, content, and date of the transaction in case of dispute between the parties and will be kept by LA MERINGAIE for the necessary period regarding legal prescription rules.VII. Prices
Prices are expressed in euros and include the value-added tax on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the product prices on the Site. This price does not include communication costs related to the use of the Site, nor those of telephone communication, which remain the responsibility of the Customer.VIII. Payment
The Customer expressly acknowledges that placing an order necessarily entails payment for it.8.1 Online order on the Site
The Customer chooses, at the time of entering their online order, to opt for payment by Paypal or credit card. If the Customer chooses payment by credit card or Paypal, they are then redirected to the secure site of the Caisse d’Epargne, guaranteeing the confidentiality of the card numbers through protection and encryption procedures. Only cards bearing the CB, Visa, Amex, and Mastercard logos or a Paypal payment system are accepted. The invoice is sent by email to the Customer's email address.8.2 Order by email or phone
For any order placed by email or phone, only payments by credit card (bearing the CB, Visa, Amex, and Mastercard logos) are authorized. The Customer is invited to provide their card number and pictogram to their interlocutor when placing the order. The amount of the purchases made is debited only upon receipt of the Customer's agreement, and any written trace of their bank details is deleted upon this confirmation.IX. In-store pickup (click & collect)
9.1 Conditions
The order can only be picked up after receiving the full payment of the price and transport costs. Any events considered by jurisprudence as cases of force majeure, which tend to prevent or make exorbitant the execution of supply, constitute, by express agreement, a cause of suspension or extinction of LA MERINGAIE's obligations, without compensation to the Customer if the event lasts beyond a period of fifteen (15) days. LA MERINGAIE will inform the Customer by any appropriate means of the existence of such an event to allow the latter to disengage from their order by simply responding by mail or email.9.2 Storage conditions
LA MERINGAIE particularly draws its Customers' attention to the need to place the Meringaies in the refrigerator as soon as possible after pickup.9.3 Click & Collect
The Customer can, when ordering and after paying the price by credit card or any accepted payment method, opt for the pickup of their items in-store, located at 21, rue de Levis 75017 Paris. This service is available six (6) days out of seven (7), from Tuesday to Sunday (excluding public holidays and store closure days) during store opening hours. When placing your order, you can choose the day and time slot for pickup. For orders on the Site, this choice is made by clicking on the calendar icon in the cart.A preparation time for your order is indicated on the site at the time of your order. As a guide, it is at least 2 hours (during store opening hours) between placing your order on the site and possible in-store pickup.Likewise, any order cancellation can only be considered if it is made no later than twenty-four business hours before the scheduled pickup date (if the pickup is scheduled for Thursday 4th, the cancellation must occur no later than Wednesday 3rd before 5 p.m.). You can change the day and time slot for your order pickup by contacting La Meringaie at +33 (0)1 44 71 94 16 no later than 5 p.m. the day before the initially requested day (business days).To pick up the order, you or any third party designated by you must present at the store with the order confirmation sent to you by email as well as an ID (or if you couldn't print the confirmation email, your first and last name, your order number, and an ID). In case of delay in picking up your order on the agreed day and time, it will be set aside and reserved for you until store closing (8:30 p.m. from Tuesday to Saturday and until 7 p.m. on Sunday). After this time, your order will no longer be available and will be considered lost.By derogation from Article 9.6 below, the Customer must ensure the conformity of their order at the time of pickup. Once the order is picked up, the Customer can no longer claim that a product is missing or damaged.In case of late order cancellation (i.e., less than 24 business hours before the desired pickup date), the order will not be refunded.For any questions regarding the tracking of your Click & Collect order and its pickup, you can contact us by phone at 01.70.39.38.02 or by email at commandes@lameringaie.com.9.4 Pickup
The transfer of risk occurs when the products are picked up by the Customer at the agreed location, who will assume full responsibility for all damages that the products may suffer or cause from that date.The Customer must check the condition of the products upon their arrival and ensure that they fully comply with their order.X. Right of withdrawal
10.1 Right of withdrawal
In accordance with Articles L. 121-21-8, 3°, 4°, and 5° of the Consumer Code, it is recalled that the right of withdrawal cannot apply to contracts relating to:i) the supply of goods made to the consumer's specifications or clearly personalized: this is particularly the case for all your custom orders;ii) the supply of fresh products and perishable goods.XI. Legal guarantee of conformity – Guarantee against defects of the sold item
11.1 - Legal guarantee of conformity
In accordance with Article L. 211-4 of the Consumer Code, LA MERINGAIE is required to deliver a product that complies with the contract and is responsible for defects of conformity existing at the time of delivery. According to Article L. 211-5 of the Consumer Code:"To comply with the contract, the product must:

  1. be suitable for the purpose usually expected of a similar product and, where applicable:
  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer as a sample or model;
  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
  1. or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

When acting under the legal guarantee of conformity, the consumer:

  • benefits from a period of two years from the delivery of the product to act;
  • can choose between the repair or replacement of the product, subject to the cost conditions provided by Article L. 221-9 of the Consumer Code;
  • is exempt from proving the existence of the product's lack of conformity during the six months following the delivery of the product, except for second-hand goods. This period is extended to twenty-four months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.11.2 - Guarantee against defects of the sold item
LA MERINGAIE is also liable for the legal guarantee against hidden defects affecting the delivered products that render them unfit for the use for which they were intended, under the conditions provided in Articles 1641 to 1649 of the Civil Code, provided that the buyer proves the hidden defect and acts within two years from the discovery of the defect (Article 1648 of the Civil Code).The consumer may decide to implement the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.11.3 - Extinctive prescription
In accordance with the provisions of Article 2232 of the Civil Code, it is recalled that "the postponement of the starting point, suspension, or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day of the birth of the right."XII. Customer Relations Service
For any difficulty or additional information, the Customer can contact La Meringaie, either by phone at +33 (0)1 44 71 94 16 (from Tuesday to Sunday during store opening hours), by mail addressed to LA MERINGAIE – 14 boulevard de Courcelles, 75017 Paris, or by email at client@lameringaie.com.XIII. Personal data
The Customer consents to the use of personal data collected during their order placement. This information is essential for order processing and invoicing and may be communicated by LA MERINGAIE to service providers involved in providing its services. In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, LA MERINGAIE has declared the file containing personal data to the National Commission for Information Technology and Liberties. At any time, you have the right to access, correct, or oppose the collected personal data concerning you.These rights can be exercised by sending a letter to LA MERINGAIE – 14, boulevard de Courcelles, 75017 Paris. Similarly, you have the right to register free of charge on a list of opposition to telephone solicitation.XV. Disputes
These general conditions and all operations referred to herein are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and procedural rules.In case of dispute, the Customer will first contact LA MERINGAIE to seek an amicable solution. The Customer is informed that they can, in any event, resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of dispute.Failing an amicable solution, the matter will be brought before the competent courts, it being specified that the deadlines for taking legal action are not suspended during the period of seeking such an amicable solution.XVI. Cookie Management
16.1 What are cookies for?
Cookies are files containing information about the web pages you have visited. They facilitate your navigation on our site by recording data such as the products you have viewed or your login details.To process the Customer's order and better understand their needs and personalize the services offered on the Site, LA MERINGAIE uses cookies. A cookie is a computer file stored on the Client's hard drive that signals their visit to the Site.There are two types of cookies:

  • First-party cookies: those of the web page you are browsing.
  • Third-party cookies: those of advertising or images on that page.

16.2 LA MERINGAIE cookies
LA MERINGAIE uses three types of cookies:

  • Security cookies recognize the device (computer, mobile, tablet) you use to log in.
  • Functional and performance cookies allow us to remember your preferences (country, language...).
  • Other cookies allow us to offer you your favorite items at the best price.
  • Cookies record the Client's visit time on the Site, their identity (known through their email address and password), and the content of their cart.

16.3 How to accept or refuse cookies?
The Customer can oppose the registration of cookies by configuring their Internet browser. They then lose all personalization of the service offered on the Site.You can choose to disable these cookies at any time by setting your Internet browser.We remind you that setting cookies may change your access conditions to our services requiring the use of cookies.Most browsers allow you to manage your preferred cookies. You can set your browser to refuse or delete certain cookies. Generally, you can also manage similar technologies in the same way, using your preferred browsers.The steps to disable cookies vary from one Internet browser to another and are generally described in the "Help" section. We invite you to read them to change your cookie preferences.The following links show you how to set cookies depending on the browsers:

XVII. Legal Notice
Company LA MERINGAIE SAS, a simplified joint-stock company with a capital of €709,808President: Group LA MERINGAIE SAS, represented by its president, Marie Stoclet BardonRegistered office: 14, boulevard de Courcelles, 75017 ParisSiren: 822 567 111 RCS ParisCustomer service: Tel.: 01 44 71 94 16Email: client@lameringaie.comIntra-community VAT: FR 08 822 567 111CNIL declaration number:Last update date: 30/01/2019