GENERAL TERMS AND CONDITIONS OF ONLINE SALE
This website www.melle-d.fr (hereinafter "the Site") is published by the company JLM, a simplified joint-stock company with a share capital of 40,000 euros, registered with the RCS of Lyon under number 917811341, whose intra-community VAT number is FR86917811341, and whose registered office is located at 22 rue de Brest 69002 Lyon
Purchases on the Site are exclusively reserved for consumer buyers. These general terms and conditions of sale are therefore concluded between JLM (hereinafter "the Seller") and any non-trading natural person (hereinafter "the Buyer") wishing to purchase products offered for sale on the Site (the "Products").
Article 1 - Entirety
These general conditions express the entirety of the obligations of the Seller and the Buyer (hereinafter "the Parties"). In this sense, the Buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and particularly those applicable to sales in store or through other distribution and marketing channels.
They are accessible on the Site and will prevail, if necessary, over any other version or any other contradictory document. The Parties agree that these General Conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
Should a condition of sale be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies based in France.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the Parties in connection with the online sale of goods offered by the Seller to the Buyer, from the Site.
The Buyer declares that they have read and accepted these general terms and conditions of sale before their immediate purchase or placing their order. In this respect, they are binding on them in accordance with the terms of Article 1119 of the Civil Code.
Article 3 - Pre-contractual information
The Buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
Article 4 - The order
The Buyer can place their order online, from the online catalog within the limits of available stock. In the event of unavailability of an ordered Product, the Buyer will be informed by email.
Placing an order on the Site is subject to compliance with the procedure established by the Seller. This procedure includes successive steps that lead to the validation of the order.
To place an order, the Buyer must first register on the Site by creating an account containing the Buyer's information (the "Account").
When creating their Account, the Buyer must ensure the accuracy and completeness of the data they provide. The Buyer is obliged to always update their personal information. In the event of an error in the recipient's contact details, the Seller cannot be held responsible for the impossibility of delivering Products.
The Buyer can select as many Products as they wish, which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Buyer as well as the prices and related costs. The Buyer can freely modify the Cart before validating their order.
For the order to be validated, the Buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.
Validation of the order constitutes confirmation of the Buyer's acceptance of these general terms and conditions of sale, the Products purchased, their price, and associated costs.
The sale will be considered final after the Seller sends the Buyer confirmation of the acceptance of the order by email, and after the Seller has received the full payment.
In some cases, particularly non-payment, incorrect address, or other problems with the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
The cancellation of the order for this Product and its possible refund will then be carried out, the rest of the order remaining firm and final.
Article 5 - Electronic Signature
The final validation of the order will constitute proof of the Buyer's agreement on:
— the enforceability of the sums due for the order,
— the signature and express acceptance of all operations carried out.
Article 6 - Order Confirmation
A confirmation email summarizing the order (products, prices, product availability, quantity, etc.) will be sent to the Buyer. For this purpose, the Buyer formally accepts the use of email for the Seller's confirmation of the content of their order.
The Seller's confirmation of acceptance of the order by email includes all the information provided for in Article L.221-5 of the Consumer Code. These general terms and conditions of sale and a standard withdrawal form conforming to the form available on the Site and referred to in Article 16 below are attached to this email.
Article 7 - Proof of Transaction
The computerized registers, 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 archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 - Product Information
The Products governed by these general conditions are those that appear on the Site and that are indicated as sold and shipped by the Seller. They are offered within the limits of available stock.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the Seller's liability cannot be engaged.
Product photographs are not contractual.
Article 9 - Price
The Seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery costs, which are billed additionally and indicated before order validation. Prices include the VAT applicable on the day of the order, if applicable, and any change in the applicable VAT rate will automatically be reflected in the price of products in the online store. Full payment must be made when ordering. At no time can sums paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether upwards or downwards, this change could be passed on to the selling price of the products.
Article 10 - Payment method
This is an order with an obligation to pay, which means that placing the order implies payment by the Buyer.
Products are payable in cash upon effective order. Payment for purchases is made by bank transfer, VAD, or credit card, via the secure STRIPE, ALMA Pay or PayPal platform.
The Buyer expressly acknowledges that communicating their credit card number to the Seller constitutes authorization to debit their Account for the price of the ordered Products.
If applicable, an order cancellation notification for non-payment is sent to the Buyer by the Seller to the email address provided by the Buyer when registering on the Site. The data recorded by STRIPE/PayPal constitutes proof of any financial transaction between the Parties.
The Buyer guarantees the Seller that they have any necessary authorizations to use the payment method chosen by them, when validating the order form. The Seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited bodies or in case of non-payment. The Seller notably reserves the right to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Article 11 - Product availability – Delivery – Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the Site's homepage, shipping times, within the limits of available stock, run from the order registration date indicated in the order confirmation email, and are two (2) to five (5) days.
Delivery then takes place in the following days, and in any event within a maximum period of fifteen (15) days from the order registration date indicated in the order confirmation email.
In the event of non-compliance with the agreed maximum delivery period, the Buyer must, before terminating the contract, instruct the Seller to perform it within a reasonable additional period.
Failing performance at the expiration of this new period, the Buyer may freely terminate the contract.
The Buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a writing on another durable medium.
The contract will be considered terminated upon receipt by the Seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.
In case of a missing item in the order, the item will be refunded within 48 hours via the payment method used for the order.
However, the Buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.
In this case, when the contract is terminated, the Seller is obliged to reimburse the Buyer for all sums paid, no later than 14 days following the date on which the contract was terminated.
Article 12 - Delivery methods
Delivery refers to the transfer of physical possession or control of the Product to the Buyer. It is only made after confirmation of payment by the Seller's banking institution.
The Products are delivered to the address indicated by the Buyer on the order, the Buyer must ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete delivery address will be re-shipped at the Buyer's expense.
If at the time of delivery, the original packaging is damaged, torn, or opened, the Buyer must check the condition of the items. If they have been damaged, the Buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The Buyer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, damaged products...).
This verification is considered to have been carried out once the Buyer, or a person authorized by them, has signed the delivery slip.
The Buyer must confirm by registered mail all reservations to the carrier no later than two working days following receipt of the Product(s) and send a copy of this mail by email or simple mail to the Seller at the address indicated in the legal notices of the site.
If the Products need to be returned to the Seller, a return request must be made to the Seller within 7 days of delivery. Any claim made outside this period cannot be accepted. The product return will only be accepted for products in their original condition (packaging, accessories, instructions...). Delivery and return
Article 13 - Delivery Errors
The Buyer must formulate to the Seller, on the very day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
The complaint can be made, at the Buyer's choice:
— telephone number: 04.78.82.38.64
— email address: melled22brest@gmail.com
Any claim not made according to the rules defined above and within the deadlines will not be taken into account and will release the Seller from any liability towards the Buyer.
In case of delivery error or exchange, any Product to be exchanged or reimbursed must be returned to the Seller in its entirety and in its original packaging, using the shipping method chosen by the Seller, to the following address:
22 rue de Brest 69002 Lyon FRANCE
Return shipping costs are the responsibility of the Buyer.
Article 14 - Transfer of risks
The transfer of risks of loss and deterioration related thereto will only take place after delivery. Products therefore travel at the Seller's risk.
Article 15 - Product Warranty
The Seller guarantees the conformity of the Products to the contract, allowing the Buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee against defects in the sold item within the meaning of articles 1641 et seq. of the Civil Code.
Article 16 - Right of withdrawal
If the Buyer is not completely satisfied with their purchase, they can contact the Seller upon receipt and return their items within 14 days of the delivery date to arrange a refund for unused items.
For hygiene and safety reasons, we do not accept returns or exchanges of jewelry and accessories.
The original packaging is required for any refund, and it is specified that the Buyer bears the cost of returning the Products.
Once the return is accepted, the buyer will receive a confirmation email indicating that the refund will be processed to their bank account within the next few days. The buyer will be refunded via the same payment method used for the purchase.
The Seller reserves the right to refuse returns sent or communicated after the return deadline, or items that are not in the same condition as when they were received.
The Seller does not accept returns of items from the "Accessories" category including jewelry, bags, clutches, scarves, and the last chance category. Cases of returns/refunds are exclusively for a defect or obvious error by the Seller during packaging and shipping. Returns and refunds
Article 17 - Force Majeure
All circumstances beyond the Parties' control that prevent the normal performance of their obligations are considered grounds for exemption from the Parties' obligations and result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence and their cessation.
Acts or circumstances that are irresistible, external to the Parties, unforeseeable, unavoidable, beyond the Parties' control, and which cannot be prevented by them despite all reasonably possible efforts, shall be considered as cases of force majeure. Expressly, in addition to those usually recognized by French courts and tribunals, cases of force majeure or fortuitous events include: blocking of transport or supply means, earthquakes, fires, storms, floods, lightning, telecommunication network outages or difficulties specific to external telecommunication networks not controlled by the clients.
The Parties shall consult each other to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual Property
The content of the Site (technical documents, drawings, photographs, etc.) remains the property of the Seller, who is the sole holder of intellectual property rights over this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 19 - Non-Waiver
The fact that one of the Parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 20 - Language of the Contract
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 21 - Mediation
The Buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 21 - Applicable Law – Competent Courts
These general conditions are subject to the application of French law, subject to the application of the provisions of articles L.232-1 and following of the Consumer Code. This applies to both substantive and procedural rules.
In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution. Failing an amicable settlement of the dispute, the most diligent party shall refer the matter to the Commercial Court of Lyon.
Article 22. – Personal Data Protection
22.1 - Collection of Personal Data
The personal data collected on the Site are as follows:
Account Creation
When the Buyer's account is created, their first name, last name, phone number, address, delivery address, billing address, and email address are recorded.
Login
When the Buyer logs in to the Site, their first name, last name, connection data, usage data, and location data are recorded.
Payment
For the payment of Products on the Site, the Site does not record financial data relating to the Buyer's bank account or credit card.
Cookies
Cookies are used during the use of the Site.
22.2 – Use of Personal Data
The collected personal data, which are stored in encrypted mode, aim to provide the services of the Site, improve them, and maintain a secure environment. More specifically, the uses are as follows:
– access and use of the Site by the Buyer;
- access with the possibility to read, modify and delete data;
– management of Site operation and optimization;
– organization of payment service usage conditions;
– verification, identification, and authentication of data transmitted by the Buyer;
– implementation of Buyer assistance;
– prevention and detection of fraud, malware (malicious software), and security incident management;
– management of any disputes with Buyers;
– sending commercial and advertising information, based on the Buyer's preferences, with the possibility of unsubscribing at any time.
22.3 – Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
– when the Buyer uses payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which it has entered into contracts;
– when the Buyer publishes information accessible to the public in the free comment sections of the Site;
– when the Buyer authorizes a third-party website to access their data;
– when the Seller uses the services of providers to provide Buyer assistance, advertising, and payment services. These providers have limited access to the Buyer's data for the performance of these services and have a contractual obligation to use them in compliance with the provisions of the applicable personal data protection regulations;
22.4 – Security and Confidentiality
The Seller implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Website cannot guarantee the security of information transmission or storage over the internet.
22.5 – Exercise of Buyer Rights
In accordance with the applicable personal data regulations, Buyers have the following rights:
– they can update or delete their data by logging into their account and configuring their account settings;
– they can delete their account by writing to the following email address: melled22brest@gmail.com. It should be noted that information shared with other Buyers, such as forum posts, may remain publicly visible on the Site even after their account is deleted;
– they can exercise their right of access to know the personal data concerning them by writing to the following email address: melled22brest@gmail.com. In this case, before exercising this right, the Seller may request proof of the Buyer's identity to verify its accuracy;
– if the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the following email address: melled22brest@gmail.com;
– Buyers can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: melled22brest@gmail.com
22.6 – Evolution of this Clause
The Seller reserves the right to make any modification to this clause relating to personal data protection at any time. If a modification is made to this personal data protection clause, the Seller undertakes to publish the new version on its site. The Platform will also inform Buyers of the modification by email, with a minimum of 15 days' notice before the effective date. If the Buyer does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.