GENERAL TERMS & CONDITIONS OF ONLINE SALE
Article 1. PREAMBLE – OBJECT
1.1 These General Terms and Conditions of Sale (hereinafter mentioned as “GTC”) state the terms and conditions applying to the Services of the website « www.mielmelba.com » (hereinafter mentioned as “the Website”). These terms and conditions shall be considered as the contract concluded by the Parties in order to proceed to the sale of Products through the Website.
1.2 The purchase of Products from the Website implies the full and entire agreement of these Terms and Conditions.
1.3 The Website is edited by the company called ZEBRION, SAS with a registered capital of 1,000 €, filed with the Trade and Company Register of BOURG EN BRESSE under the number B 813 043 643, having its headquarters at 902 chemin de la Côtière at VILLIEU-LOYES-MOLLON (01800), FRANCE (hereinafter mentioned as “the Company”). Phone number: +33 4 74 61 43 18. E-mail: firstname.lastname@example.org.
1.4 The object of the Website is to sale online to physical people clothes manufactured by the Company and characterized by an anti UV textile material (hereinafter mentioned as “the Products”). The Company owns all rights of manufacturing and marketing related to the Products.
Article 2. DEFINITIONS
Client: means every physical person acting for his own and visiting the Website in order to purchase a Product.
Company: means the company called “ZEBRION”.
Login data: means the ID and the password chosen or given to the Client at the time of his registration on the Website.
Parties: means the Clients and the Company.
Products: means all clothes put up for sale by the Company on the Website and which are parts of the brochure published on the Website.
Refund: means the refunding of all or part of the sale price to a Client by the Company.
Website: means the website: www.mielmelba.com.
Article 3. ACCESS TO THE WEBSITE
3.1 REGISTRATION CONDITIONS
The client willing to purchase a Product shall register in respect with the following conditions:
3.1.1 The registration is fulfilled by filling an online form. Once this form is completed and approved, the Website sends an e-mail confirming the registration of the Client. In order to be registered, the Client shall give to the Website precise and proper information and fill out every question stated in the registration form.
3.1.2 The Client shall be an adult and thus have the legal capacity to contract.
3.1.3 At the end of the registration process, the Client shall end it by clicking on the proper icon.
3.1.4 Every registration shall be agreed by the Company. Thus the Company has the right to refuse the registration of any Client who would not give enough guarantee of good morality or whose behavior would be contrary the values and ethics of the Company. The Company has no obligation to justify its refusal to register a Client on the Website.
3.1.5 The Company is the only one able to decide which registration is valid or not, without any possibility to make an appeal or to ask for damages.
3.1.6 The Client shall not create or use other accounts than its personal one, whether it is under his own identity or under a third party’s identity. Any derogation from this provision shall be the object of a specific agreement from the Company. Creating or using new accounts under his own identity or the one of a third party without the prior agreement of the Company could cause the immediate suspension of the Client’s account, preventing him from using all the associated services.
3.1.7 The Client guarantees the truthfulness of the transmitted information. The Client shall inform the Company without delay in case of change of personal information and, if necessary, modify by himself these elements through his personal account on the Website.
3.1.8 The Company cannot be liable for problems and technical issues implying the loss of data. The Company is only subject to an obligation of means.
3.1.9 The Client declares and guarantees that he is perfectly aware of the characteristics and constraints of the Internet.
3.1.10 The equipments and devices (computer, software, electronic communication means, etc.) allowing the access to the goods and services sold by the Company are parts of the exclusive responsibility of the Client, as well as the costs implied by their use.
3.1.11 More generally, every Client shall (i) respect the rules and regulations in force, (ii) adopt a loyal behavior towards the Company and the other Clients, (iii) respect the intellectual property rights related to the contents owned by the Company and the other Clients, (iv) communicate only truthful data and information, and (v) not make any commitment on a third party’s account.
3.1.12 In case of infringement of these provisions concerning the Website access and use, the Company has the right to suspend the access of the Client(s) in question to the Website. In case of continued and repeated infringements, the Company can terminate these General Terms & Conditions with the Clients in question with immediate effect.
3.2 ID & PASSWORD
3.2.1 As soon as his account is created, the Client shall choose or be given an ID and a password (hereinafter mentioned as “Login Data”) enabling him to access his personal area on the Website.
3.2.2 These Login Data are personal and confidential. They can be changed only on the Client’s demand or on the Company’s initiative.
3.2.3 The Client is solely and entirely liable for the use of his Login Data. He undertakes to do its best efforts in order to keep them safe and confidential, to prevent any kind of disclosure to anybody under any form and for any reason whatsoever.
3.2.4 The Client is liable for the use of his Login Data by third parties as well as for the use of his personal account, whether the use is fraudulent or not. The Company is not liable for any kind of such use.
3.2.5 The Company is not liable in case of a Client’s misused identity. If a Client has any reason to believe that a third party is fraudulently using his identity or his account, he shall inform the Company without delay.
3.2.6 In case of theft or loss of part or all of his Login Data, the Client is liable for any damaging effects and shall change his Login Data without delay.
3.2.7 If the Client is aware of the fact that a third party has access to his personal account, he shall inform the Company without delay by sending an e-mail to the following adress : MIEL MELBA - BP 20052 - 01800 MEXIMIEUX PDC1.
3.2.8 A fraudulent use of the Website or a use which would be contrary to these General Terms and Conditions could justify that the Company refuses the access to part or all of the services and functionalities of the Website to a Client.
Article 4. PERSONAL DATA
4.1 DATA COLLECTION
4.1.1 The Website has been registered to the CNIL (French National Office for the Protection of Personal Data) under the number : 2035673 v 0.
4.1.2 Only the people having clearly filled in the form mentioned in the article 3.1 and having a valid e-mail address can be registered on the Website.
4.1.3 The Client undertakes to fill in the aforementioned form with truthful information. If it is not the case, the Company could end the registration without prior notice.
4.1.4 The registration is necessary in order to benefit from all the services of the Website. The Company can ask the registered Clients to give additional information in case of specific events such as game contests, surveys or promotional offers for instance.
4.1.5 The purpose of the personal data collection is to allow the Client to access the Services and Products available on the Website.
4.1.6 The Company is the sole recipient of the collected personal data.
4.1.7 The Company may be required to disclose personal data if it is necessary to identify or prosecute an individual likely to infringe (on purpose or not) Company’s rights or other Clients’ rights or the rights of any other individual.
4.1.8 If a Client wishes to sponsor a friend and thus communicate to the Company his friend’s personal contact details, he ensures that the friend in question agrees with the collection of his personal data by the Company in order to send him an e-mail giving him information about the Company, its Products, services and the Website.
4.1.1 The personal data given by a Client through the registration process are not visible by any other Clients. They are protected by the Login Data.
4.1.2 The Company undertakes to make its best efforts to implement proper technical means in order to protect the collected personal data.
4.3 ACCESS & CORRECTION RIGHTS
4.3.1 According to the French law on Personal Data Protection, every Client has a right of access, correction and opposition on his personal data. The Client may require that his personal information be modified, completed, clarified, updated or even erased if they are inaccurate, incomplete, equivocal or out-of-date.
4.3.2 In order to exercise these rights, the Client shall use the functionalities of his personal account on the Website.
Article 5. INTELLECTUAL PROPERTY
5.1 The Website is the exclusive property of the Company which owns all of the intellectual property rights related to it. The content of the Website shall not be modified, copied, marketed, reproduced, downloaded, published, displayed, transmitted or sold in whatever form or means, in all or part, without the prior written agreement of the Company.
5.2 The registered Trademarks and the copyright protection related to the works delivered through the Website as well as any other kind of intellectual property rights owned by the Company remain its exclusive property.
5.3 The Company may take any proper measures in order to put an end to disturbances in case of a Client being guilty of infringing the aforementioned rights. The Company may also postpone or erase a Client’s registration or block the access to his personal account.
5.4 If a Client notices an infringement to the aforementioned rights, he shall notify it to the Company by an e-mail sent to MIEL MELBA - BP 20052 - 01800 MEXIMIEUX PDC1.
Article 6. PRODUCTS
6.1 Most of the Products are available without delay. Offers made on Products visible on the Website are valid until the depletion of stocks.
6.2 Pictures from the commercial brochure and visible on the Website are as accurate as possible but cannot ensure a perfect similarity with the actual Products, especially concerning the colors.
6.3 Technical data associated to each Product on the Website are only stated for informational purposes. They do not have any contractual effect. They may be changed at any time on the initiative of the Company.
Article 7. PRICE
7.1 Prices are expressed in Euro.
7.2 The price associated to each Product displayed on the Website does not include the transportation costs.
7.3 The price mentioned on the order receipt is the final price included all taxes and VAT. This price includes the price of the Products, handling costs, packaging costs, storage costs, transportation and commissioning costs.
7.4 Price reductions shall mention for each Product: the amount of the reduction, the Products or classes of Products which are concerned, the conditions, the length of time of its validity.
7.5 The Company may change the prices of the Products at any time. However, the price mentioned on the order receipt is the only one applicable to the Client.
Article 8. PAYMENT
8.1 The invoiced amount is the amount mentioned on the order receipt sent by the Company.
8.2 The price is payable without delay through one of the means suggested by the Website.
8.3 The order approved by the Client is considered as effective once the secured bank payment centre has agreed to the transaction and, if necessary, after the agreement of the insurer to take the risk in charge.
Article 9. WITHHOLDING RIGHT
The ordered Products remain the property of the Company until they are delivered to the carrier.
Article 10. DELIVERY
10.1 After the order acknowledgment and subject to the full payment of the ordered Products, the Company shall deliver to the Client the ordered Products at the delivery address within the period of time mentioned on the order.
10.2 If necessary and as soon as the delivery takes place, the Client shall pay all taxes, tariffs, duties and other costs related to the delivery of the Products. The Company is not liable for these payments.
10.3 Clients or recipients of the Products are not allowed to resale all or part of the Products.
10.4 Delivery shall take place according to the conditions chosen by the Client on the Website.
10.5 Delivery shall take place at the address chosen by the Client. This address has to be situated within the agreed geographical area.
10.6 In case of a delay exceeding seven (7) days from the initial delivery date, the Client may terminate the sale contract by sending a registered letter with acknowledgement of receipt and ask for the refund of the Product price except if the delay is the result of force majeure.
10.7 This right shall be exercised within a sixty (60) working day period of time beginning with the initial delivery date.
10.8 However, the Company shall not be liable for delivery delays resulting from the carrier or a Client’s or recipient’s mistake.
10.9 If one or several ordered Product are missing or damaged, the Client or the recipient shall formulate motivated reservations to the carrier within a three (3) day (public holidays not included) period of time beginning with the delivery date, through a registered letter with acknowledgment of receipt. Then the Client may send back the Product in question to the Company and ask for a free replacement or a refund.
10.9 In case of visible defaults, the Client benefits from the right to send back the Product according to the provisions stated on the leaflet of the Product. This right implies the free replacement of the Products or the refund by the Company except the payment of any damages.
10.10 The Company is not liable for defaults resulting from transportation, force majeure, unforeseeable circumstances, Client’s fault, insurmountable and unforeseeable fault from a third party.
10.11 For reasons of Products’ availability, an order may generate several successive deliveries to the Client.
10.12 If the Client wishes that the ordered Products be delivered to two distinct addresses, he shall make two distinct orders.
Article 11. RIGHT OF WITHDRAWAL
11.1 Within a fourteen (14) day period of time beginning with the receipt of the ordered Products, the Client may send back the Products to the Company in exchange of a replacement or a refund.
11.2 The right of withdrawal shall be exercised by filling in the form below. The form may be sent online to the following e-mail address: email@example.com or by mail: MIEL MELBA - BP 20052 - 01800 MEXIMIEUX PDC1.
11.3 If the Client exercises the right of withdrawal, the Company shall refund the Client every payment he made, including the transportation costs (corresponding to the less expensive means of delivery suggested on the Website), within a fourteen (14) day period of time beginning with the receipt of the form below. In order to refund the Client, the Company shall use the same payment means than the one used by the Client in order to buy the Product, unless the Parties agreed otherwise.
11.4 The Company may delay the refund until the receipt of the Product(s) or until the receipt of a proof that the Product(s) was sent back.
11.5 The Client shall support the direct return costs of the Product(s) and is liable for the decrease of the Product(s)’ value resulting from its handling.
11.6 The right of withdrawal does not apply to:
11.7 WITHDRAWAL FORM
I, the undersigned, ………………………………………………………………………. [Name, Surname], wish to exercise my right of withdrawal concerning the following Products:
Ordered on …/…/……Delivered on …/…/……
Order number: …………………………………
Date and signature:
Article 12. ORDER
12.1 If a Client wishes to buy one or several Products displayed on the Website, he shall first chose the quantity. Automatically, the online basket of the Client is updated.
12.2 In order to proceed to the payment, the Client shall click on the “Basket” icon and then on the “Order” icon. Then, the Client is redirected to a recap of his order. If he wants to confirm it, he shall click on “Continue”. He thus has the possibility to choose the delivery and payment options.
12.3 After the approval of the order by the Client, the Company sends to the Client an e-mail with the order. The sale is legally concluded as soon as this e-mail is sent.
12.4 Invoices are sent to the Client by e-mail.
12.5 The Company may refuse or cancel any order, especially in case of Client’s insolvency, payment failure related to the order in question or to a previous one, litigation concerning the payment of a previous order.
Article 13. LIABILITY
13.1 The Company is not liable in case of abusive or unlawful use and exploitation of all or part of the Website’s content.
13.2 The Company is not liable towards the Client in case of loss or damage that he could suffer because of the fact that he did not transmit precise and truthful information to the Company. The Company is not liable towards the Client because of his own inability to keep safe and confidential his personal Login Data.
13.3 The Website may contain hypertext links directing to other Websites which are neither controlled nor owned by the Company. The Company does not exercise any control on the content, the personal data protection policies or the practices of these Websites and thus waives any liability about these elements. The Company is not liable for the availability of these Websites and external resources. The Company does not warrant the commercials, products and other elements displayed on these Websites or external resources.
13.4 The Company is not liable for any action or omission, failure, breach, non execution, partial execution or delay in the execution of its contractual duties related to the damage or loss suffered directly or not by the Client because of the action or omission of another Client or any other person.
13.5 The Company is not liable towards a Client or any third party for a deterioration, suspension or interruption of the Services because of: the force majeure as it is defined by the French case law currently in force, the action of a Client or a third party, the unavoidable risks resulting from technique and the complexity of the Services’ performance.
13.6 The Company makes its best efforts in order to maintain the access to the Website 24 hours a day and seven days a week but the Company has no obligation to produce results. The Company may interrupt the access to the Website, especially for maintenance and upgrade reasons. The access to the Website may also be interrupted for any other reasons. The Company is not liable for these interruptions and their consequences for the Clients or any third party.
13.7 The Company may put an end or modify the characteristics of the Website at any moment and without prior notice.
13.8 Information or advices given by the Company shall not be interpreted as a warranty.
13.7 The Company is not liable for any damage resulting from a contractual liability, tort or any other kind of liability if this damage is the result of an action which took place after the termination date of these Terms and Conditions.
13.8 The Company is not liable for damages of any kind which could result from a misuse or wear of the marketed Products.
Article 14. WARRANTY
14.1 All the Products marketed by the Company benefit from the legal warranty according to the articles 1625, 1641 and the following ones of the French Civil Code.
14.2 In case of non compliance or defaults of the sold Product, the Product in question could be replaced or refunded in all or part by the Company.
14.3 In any case, the Company is not liable for the non respect of laws and regulations in force in the receiving countries.
14.4 The Client may contact the customer service by phone +33 4 74 61 43 18 or e-mail firstname.lastname@example.org.
Article 15. CHANGE & DURATION
15.1 These Terms and Conditions are effective as soon as they are published on the Website. They remain effective until their total or partial change by the Company.
15.2 At any time, the Company may change these Terms and Conditions. In this case, the Company shall inform every Client by e-mail. This information shall be sent three days before the entry into force of the changes at the latest.
15.3 Every Client may refuse the changes. In this case he shall notify his refusal to the Company by a registered letter with acknowledgement of receipt sent to MIEL MELBA - BP 20052 - 01800 MEXIMIEUX PDC1 before the entry into force of the changes
15.4 If the Client did not notify his refusal, the changes are deemed to be fully agreed.
15.5 These Terms and Conditions may be automatically terminated:
- by the Clients, at any time, respecting a prior notice of fifteen (15) days. In order to do so, the Clients have to notify their decision to the Company by a registered letter with acknowledgement of receipt sent to MIEL MELBA - BP 20052 - 01800 MEXIMIEUX PDC1 ;
- by the Company, at any time, respecting a prior notice of fifteen (15) days;
- by the Company, at any time, and without prior notice in case of a Client’s failure to fulfill his contractual duties.
15.6 The termination implies the removal of the Login Data.
Article 16. INVALIDITY OF A PROVISION
If any of the provisions of these Terms and Conditions shall be invalid or unenforceable, this provision will be modified in order to make it comply with the law. Such invalidity or unenforceability shall not invalidate or render unenforceable the entire Terms and Conditions.
Article 17. GOVERNING LAW & JURISDICTION
17.1 These Terms and Conditions shall be governed by the laws of France.
17.2 In the event of dispute relating to the validity, interpretation, or performance of any of these Terms and Conditions, the Parties agree to make their best efforts in order to find a settlement. In case of persistent disagreement, the Parties agrees to the personal jurisdiction of the competent Courts.