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Terms %26 Conditions

MERSOLEIL’s (“MERSOLEIL”, “we”, “our”, “us”) website(s) (our “Site” or “Sites”) and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). By visiting MerSoleil.com, you are accepting and consenting to the practices described in the TOS.

We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our Privacy Policy. To access any of these policies, simply click the link on the top right hand side of this page, or go to the ABOUT US section of this site. If you are under 18, you must let your parent or guardian know about MERSOLEIL’s Privacy Policy before you register to use this Site or any of this Site’s services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address contactus@mersoleil.com. You may also want to view our Privacy Policy.

NO UNAUTHORISED COPYING OR DISTRIBUTION

ELIGIBILITY TO PURCHASE
The purchase of merchandise through MERSOLEIL.com (“MERSOLEIL”) is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with the laws of the State of New York.

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the MERSOLEIL terms of eligibility, who have been issued a valid credit card by a bank acceptable to MERSOLEIL, whose applications are acceptable to MERSOLEIL and who have authorized MERSOLEIL to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. MERSOLEIL reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where MERSOLEIL feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

ORDERS
All orders are subject to acceptance and availability.

MERSOLEIL offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to MERSOLEIL. MERSOLEIL will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer/supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at MERSOLEIL; alternatively you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
All prices and offers remain valid as advertised from time to time. The USD price of a product displayed on the website at the time the order is accepted will be honored. If you are buying from outside the USA, you will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. The final price for overseas customers will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

PRICING POLICY
Prices shown on the site are in USD and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to New York State. No other tax or import duty will be applied to orders shipped within the USA.

All prices and offers remain valid as advertised from time to time. The USD price of a product displayed on the website at the time the order is accepted will be honored.
SALE PRICE ADJUSTMENT POLICY

MERSOLEIL is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your MERSOLEIL account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price.

ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order..

Unless you cancel your order, acceptance of your order and completion of the contract between you and MERSOLEIL will be perfected when we dispatch the goods to you. The sale contract is therefore concluded in New York City, United States of America, and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT
Payment can be made by Visa, MasterCard, American Express, Visa Debit cards and PayPal. Payment will be debited and cleared from your account upon receipt of your order by MERSOLEIL. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If the issuer of your payment card refuses to authorize payment to MERSOLEIL, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using ??, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions.

To help ensure that your shopping experience is safe, simple and secure MERSOLEIL uses Secure Socket Layer (SSL) technology.

Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

INSURANCE AND DELIVERY
MERSOLEIL insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MERSOLEIL and transfer of responsibility in the same way.

TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.

MERSOLEIL will store a record of your transactions for a minimum of one year.

RETURNS AND EXCHANGES
Return by Mail
We’ll gladly accept returns for any MERSOLEIL.com products upon receiving a return request via email to returns@MERSOLEIL.com within 14 days of the DELIVERY date. To ensure a timely refund to your account, please return the item immediately upon deciding that you do not want the product. Return shipping and handling fees are free to our customers. We regret that we do not refund original shipping costs with the return. Please follow the simple instructions below:
Making a return or exchange is easy using UPS.

  1. Request a Returns Merchandise Authorization (RMA) number within 14 days of your DELIVERY date by emailing returns@MERSOLEIL.com.
  2. Return your item within 14 days of receiving your RMA number.
  3. To make it easy, place the unused item in its original condition and use the original packaging to ship your product.
  4. Fill out the Return Form attached to the bottom of your packing slip.
  5. Use the Merchandise Return Label included in your original order so that the return shipping is free. Please note that we are unable to pay return shipping fees if you do not use the enclosed Merchandise Return Label.
  6. Complete your returns invoice with your RMA number and sign it.
  7. You will be notified by email once your return has been received and processed.
    If you have lost your Merchandise Return Label, mail your MERSOLEIL.com return to:

    MERSOLEIL
    Customer Service Returns
    P.O. Box 273
    Bronxville, NY 10708

MERSOLEIL.com uses the United States Postal Service (USPS) ground shipping for all products containing alcohol (including fragrance products) and aerosols. This is a legal requirement in the United States. Fragrances and aerosols cannot be shipped by air.

EXCHANGES
Please note we can only exchange items for a different size. When requesting your RMA, please specify the size you require. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately.

GIFT RETURNS
If you have received an item as a gift, you may exchange it for a store credit to your MERSOLEIL account (you will need to register your details). The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties.

RECEIVING A REFUND
Your refund will either be credited to the original purchaser’s credit card or MERSOLEIL account and will exclude shipping costs (with the exception of faulty items) which we deduct to cover the cost of our collection service.

If your order has been sent to a destination within New York, all sales taxes will be refunded. Outside the United States, customs duties and sales taxes are non-refundable. However, you may be able to recover these by contacting your local customs bureau directly.

IMPORTANT INFORMATION

  • Items should be returned within 14 days of receiving your RMA number.
  • Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
  • Items should be sent in their original packaging to ensure they are adequately protected in transit. Shoe and skin care boxes should also be protected as they are considered part of the product, and your return will not be accepted if the box is damaged.
  • Free collection does not apply to items returned from a different country to the original shipping destination.
  • We prefer that items are returned to us via UPS to ensure that they are protected and insured during transit. However, you may return the goods to by any secure means at your expense.. Our address for all returns is MERSOLEIL, Customer Service Returns Department , P.O. Box 273, New York, NY 10708, USA and we request that you contact us at returns@MERSOLEIL.com in relation to such returns. Please note that we may not accept liability for goods that are not returned via UPS and for any additional charges incurred by not using this specified courier.
  • Notwithstanding anything else in these terms and conditions, we reserve the right to charge you for the cost of returning items to us.

OUR POLICY
Items should be returned new, unused and with all MERSOLEIL and garment tags still attached. Returns that are damaged or soiled may not be accepted and may be returned to the customer.

Please email if any of your purchases have been delivered without a MERSOLEIL tag.
All items returned should have a Return Merchandise Authorization (RMA) number. Unidentified returns may be returned to the sender.

LATE RETURNS
Items should be returned within 14 days of the date of receiving your RMA number. Returns outside these timeframes are accepted at the discretion of MERSOLEIL and may only be refunded as a store credit. Please note that RMA numbers requested after 14 days of receipt may also be granted at our discretion.

SHOES
All shoes should be tried on a carpeted surface before wear. Shoes should be returned in their original, undamaged shoe box as this is considered part of the product. Shoes that are returned without boxes or in damaged boxes may not be accepted, and may be sent back to the customer.

LINGERIE & SWIMWEAR
Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns that do not have this strip or which are soiled may not be accepted, and may be sent back to the customer.

FAULTY GOODS
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.

INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including MERSOLEIL Software and all HTML and other code contained in this Site, shall remain at all times vested in MERSOLEIL and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MERSOLEIL and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MERSOLEIL tries to ensure that the information on this site is accurate and complete. MERSOLEIL does not warrant or represent that MERSOLEIL’s Content is accurate, error-free or reliable or that your use of MERSOLEIL’s Content will not infringe rights of third parties. Your use of the Web Site is at your risk. MERSOLEIL does not warrant that the functional aspects of the Web Site or MERSOLEIL’s Content will be error free or that this Web Site, MERSOLEIL Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or MERSOLEIL’s Content results in the need for servicing or replacing property, material, equipment or data, MERSOLEIL is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. MERSOLEIL and its suppliers make no warranties about MERSOLEIL Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. MERSOLEIL reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that MERSOLEIL is not liable to you or any third party for any such withdrawal.

NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

THIRD PARTY
We may include hyperlinks on this Site to other websites or resources operated by parties other than MERSOLEIL, including advertisers. MERSOLEIL has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL
While MERSOLEIL will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

INDEMNIFICATION
At our request, you agree fully to defend, indemnify and hold harmless MERSOLEIL immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MERSOLEIL as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MERSOLEIL, and we shall not be liable for any representation, act, or omission on your part.

ENTIRE AGREEMENT
The TOS (as amended from time to time) constitutes the entire agreement between you and MERSOLEIL regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and MERSOLEIL in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

GOVERNING LAW
The TOS together with all our policies and procedures are governed by and construed in accordance with the laws of the State of New York applicable to contracts entered into and to be fully performed in that State, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New York.