These Terms and Conditions (hereinafter "T&Cs") govern the contractual relationship between ECOM FR LLC, a company incorporated under US law (State of Delaware), operating the site merchantrescues.fr (hereinafter "MerchantRescue"), and any natural or legal person purchasing services on said site (hereinafter "the Client").
MerchantRescue services are primarily intended for a professional clientele (e-commerce merchants, SMEs). Using the site and subscribing to services implies unconditional acceptance of these T&Cs.
MerchantRescue offers the following service tiers:
All prices are quoted in euros inclusive of applicable taxes. Payment is processed via Stripe (credit card, SEPA bank transfer). Applicable VAT is collected automatically via Stripe Tax in accordance with regulations in the Client's country.
Audit fees (€497) are non-refundable once the audit has been delivered, regardless of outcome. For Standard and Premium services, a success fee may be agreed during qualification: in this case, a deposit is paid at the time of ordering, with the balance due upon effective account reinstatement.
Where instalment payment is agreed (Standard and Premium only), the schedule is set out in the Purchase Order. Any missed payment results in immediate suspension of services.
The ordering process comprises five steps:
In accordance with Article 16(a) of EU Directive 2011/83/EU on consumer rights, the 14-day right of withdrawal does not apply to services where performance has begun with the consumer's express agreement before the expiry of the withdrawal period.
The Client expressly acknowledges, at the time of ordering, that service execution begins immediately after signing the Service Agreement and making payment, and accordingly waives their right of withdrawal. This waiver is consistent with the provisions of the aforementioned EU Directive.
MerchantRescue commits to deploying all reasonable means consistent with industry best practices to achieve reinstatement of the Client's GMC account. This is an obligation of means, not of result.
The final decision to accept or reject an appeal rests exclusively with Google LLC, an entity entirely independent of MerchantRescue. Google may modify its policies at any time. MerchantRescue cannot be held liable for a final rejection decision by Google, except in cases of proven negligence in the delivery of services.
MerchantRescue's liability is limited to the total amount actually paid by the Client for the relevant service. Under no circumstances shall MerchantRescue be liable for indirect damages, loss of revenue, loss of customers or commercial harm resulting from a GMC suspension.
The Client remains solely responsible for the ongoing compliance of their website and commercial practices with Google's policies. MerchantRescue acts as a service provider and not as the Client's agent vis-à-vis Google.
Audit reports, action plans and appeal letters produced by MerchantRescue are delivered to the Client upon completion of the service and become their exclusive property. They may not be resold or used for third-party commercial purposes without prior written consent.
The "MerchantRescue" trademark, the merchantrescues.fr website, its cross-validation technology and all editorial content remain the exclusive property of ECOM FR LLC. Any reproduction, even partial, is prohibited without prior authorisation.
The processing of personal data collected under these T&Cs is governed by MerchantRescue's Privacy Policy, available at merchantrescues.fr/privacy. ECOM FR LLC is committed to processing personal data in accordance with the General Data Protection Regulation (GDPR — EU Regulation 2016/679).
These T&Cs are governed by the law of the State of Delaware (United States). However, Clients residing in the European Union retain the benefit of mandatory consumer protection provisions under the law of their country of residence, including those relating to legal guarantees and consumer rights.
In the event of a dispute, the parties shall endeavour to reach an amicable resolution before resorting to legal action. The Client may also use the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr). If no amicable resolution is reached within 30 days, the competent courts of Delaware shall have exclusive jurisdiction.