Terms and conditions "MELLEDENEVERS"
Article 1: object
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and / or services offered by the seller to the consumer. The seller reserves the right at any time to modify these terms and conditions by publishing a new version that will be applicable to all orders placed after its first posting on the site "www.melledenevers.com".
By "consumer" is meant any individual acting for the satisfaction of his personal needs and domiciled in the territory of Metropolitan France, etc.
These terms and conditions express the conditions under which the company Melledenevers hereinafter referred to as "the seller" offers or provides remotely and electronically the supply of Melledenevers products to consumers under the conditions of Articles L.121-16 to L .121-20-5 of the Consumer Code.
The consumer declares to have read the general conditions of sale before placing an order and to have accepted them without reserve. No general or specific condition contained in the documents sent or delivered by the consumer can be incorporated herein without the express written agreement of the seller.
Article 2 - Contractual Documents
This contract consists of the following contractual documents, presented in hierarchical order descending: the electronic order form; these general conditions. In case of contradiction between the provisions contained in the documents of different ranks, the provisions of the document of higher rank will prevail.
Article 3 - (*) Identification of the seller responsible for the offer
In accordance with the legal provisions, the following information is specified:
Name of the vendor of the product or service provider,
Telephone numbers to actually contact him,
Its address and, for a legal person, its registered office and the address of the institution responsible for the offer if this address is different from the registered office.
Article 4 - Entry into force - duration
These terms and conditions come into force on the date of signing the order form on our website. The present general conditions are concluded for the duration necessary for the supply of the subscribed goods, until the expiry of the guarantees due by the salesman.
Article 5 - Electronic Signature
The "double click" of the consumer under the purchase order constitutes an electronic signature that has, between the parties, the same value as a handwritten signature; it being specified that by the first click, the consumer confirms his order and that, by the second click, he accepts it definitively after having verified it. The order will only be recorded after the second click.
Any order signed by the buyer is a firm and final commitment.
Article 6 - Proof of the transaction
The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Article 7 - Product Information
7-a: The seller presents on his site the products for sale with the necessary characteristics in accordance with Article L.111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wishes to purchase.
7-b: The offers presented by the seller are valid only while stocks last.
7-c: In case of unavailability of the product ordered, the seller informs the customer immediately, and can offer a product of a quality and an equivalent price.
In case of disagreement of the consumer, the seller proceeds to refund the sums paid without delay.
Article 8 - Price
Prices are quoted in euros and are only valid at the date of dispatch of the order form by the consumer. They do not take into account delivery costs, invoiced in addition and indicated before the validation of the order. The prices are inclusive of VAT, including the VAT applied on the French territory on the day of the order. Any change in the VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made when ordering. No deposit or down payment will be accepted.
Article 9 - Method of payment
To pay his order, the consumer has, at his choice, all payment methods referred to the order form. The consumer guarantees the seller that he has the necessary authorizations to use the chosen method of payment, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies. The seller also reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid a previous order or with whom a payment dispute is in progress.
Article 10 - Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France, within the time specified in the order. The consumer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
Regarding shipping, it is done by mail or by Colissimo which provides a tracking number. As soon as it is sent, the consumer immediately receives an email informing him and can follow at any time the routing of his package. However, it may be, as in any shipment, there is a delay in delivery or the product goes astray. In case of late delivery in relation to the date indicated in the mail of shipment, the consumer is asked to report the delay by email to the seller who will then contact the carrier for an investigation to be conducted.
The seller declines all responsibility for the extension of delivery times due to the carrier.
Article 11 - Delivery Errors and Product Verification
11-a: It is up to the consumer to check the number and condition of products at the reception. In case of damage or missing, make the usual reservations with the carrier within the statutory period of three business days from delivery and inform the seller within 7 days.
11-b: The consumer must formulate with the seller, within a period of 7 days, any complaint of error of delivery and / or non-conformity of the products in kind or quality compared to the indications appearing on the order form . Any claim made after this time will be rejected.
11-c: The formulation of this complaint to the seller can be made by e-mail priority by specifying well the reference of the order and the complete coordinates.
11-d: Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the consumer.
11-e: In case of delivery error and / or nonconformity or in the hypothesis referred to in point 7-c, all product to exchange or refund must be returned to the seller in its entirety and in its original packaging, Colissimo recommended, to the address indicated after written request made by e-mail. To be accepted, any return must be reported in advance by e-mail to the Consumer Service of the seller. The cost of return are the responsibility of the seller.
Article 12 - Right of retractation
In accordance with the provisions of Article L.121-20 and following of the Consumer Code, the consumer may return a merchandise that does not suit him and obtain the refund of the amount of his invoice up to 7 days from the date of the delivery for the sale of goods or acceptance of the offer, for the provision of services. Only will be taken back or exchanged the unused product and returned in its original carton, intact cleanly packaged, in perfect condition for resale, accompanied by any accessories, instructions and documentation, and the corresponding invoice. These conditions are cumulative. In addition, the consumer must, prior to any return, claim a good return by sending an email to firstname.lastname@example.org by specifying its coordinates and request for return of a product. The seller will send him a return e-mail to print. This return form must be attached to the package, accompanied by double the invoice.
This retraction does not require justification. The consignment must take place within the legal period, stamp of the
Post or other tracking number as proof. The package must imperatively be sent to the address that will be indicated by the customer service via the retractation form.
Return costs resulting from the exercise of the right of withdrawal are the responsibility of the consumer. As a result, the postage must be sufficient, to avoid any penalty on receipt. Otherwise, the penalties will be deducted from the refund. Cash on delivery packages are systematically refused.
Attention, are not concerned by the right of withdrawal personalized products made on orders.
Article 13 - Product Warranty
The products sold benefit from the legal guarantee of conformity of articles L.211-4 and following of the Code of the consumption or the guarantee of the hidden defects provided for in articles 1641 and following of the civil code.
Article 14 - Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure, all facts or circumstances external to the parties, unpredictable, irresistible, beyond the control of the parties and which can not be prevented by the latter, despite all efforts reasonably possible. The party affected by such circumstances will notify the other within ten working days of the date on which it became aware of it by e-mail. The two parties will then approach, within one month, except impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued or if the consumer decides to terminate the contract. The seller then agrees to refund the sums paid within thirty days of notification made by registered mail (by mail) of his desire to terminate the contract.
Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals:
blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
Article 15 - Not Partially Validated
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
Article 16 - No waiver
The fact, for one of the parties, not to invoke a breach by the other party to any of the obligations referred to in these terms and conditions, can not be interpreted for the future as a waiver of the obligation in question.
Article 17 - Law and computer freedoms (confidentiality of personal data)
17-a: Using the order data. The seller uses order data exclusively for his preparation and follow-up in the customer service. All customer data is stored and used by the seller only, in accordance with the Data Protection Act of 6 January 1978.
17-b: Right of rectification. The consumer has, at any time, a right to correct or delete personal data stored in the vendor's computer system. For that, it is enough for him to send an e-mail to the following address email@example.com.
17-c: Sharing of personal data. The seller does not transmit personal data, including the mailing address and e-mail address to a third party without the consent of the holder. This authorization is at any time revocable. Direct partners who allow the processing of the order are excluded, the seller takes the necessary security measures to protect the data in his possession against accidental or deliberate manipulation, loss, destruction and against the access of unauthorized persons. However, the seller can not guarantee perfect security when exchanging data on the Internet: any action taken by the consumer is at his own risk.
17-d: It is the responsibility of the site user to take all appropriate measures to protect their own data and / or software from contamination by possible viruses circulating on the Internet. The seller declines all responsibility for any damage that occurred during the consultation of the site.
Article 18 - Dispute Resolution
These general conditions are subject to French law. This is so for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will first contact the seller to obtain an amicable solution.