General terms and conditions of sale
The company MADAME MELON is an INDIVIDUAL company, registered at the RCS of AUTO ENTREPRENEUR.. whose head office is located at 48 rue marcel dassault 92100 BOULOGNE
SIRET : 51509887900023
Coordinates customer relations :
"Site": refers to the Internet site www.madame-melon.com;
"Customer": shall designate any natural person of legal age or any non-trading legal entity located in one of the delivery zones served in accordance with the provisions of article 5, making a purchase on the Site;
"Product(s)" shall designate all products offered for sale by MADAME MELON on the Site;
"Order": refers to any purchase of a product or service made by a Customer on the Site in accordance with the conditions set forth in these General Terms and Conditions of Sale.
The present General Terms of Sale, concluded between MADAME MELON, author of the offer, on the one hand, and the Customer on the other hand, define the rights and obligations of the parties in the context of the sale of MADAME MELON's products and services to the Customers of the Site.
The user declares:
- Having the capacity to enter into the present contract. By placing an Order on the Site, the Customer certifies that he/she is an individual of legal age who is not a merchant and is acting for his/her own personal needs. He/she certifies that he/she has the capacity to enter into a contract.
- The Customer shall not purchase products with the aim of reselling them. Any Order placed by the Customer on the Site is made by the Customer for his/her personal and non-professional needs.
4/ ACCEPTANCE OF THE CONDITIONS
The Customer declares that he/she is aware of and accepts without reservation the rights and obligations set out in these General Terms and Conditions of Sale, prior to placing any Order on the Web Site.
Any Order placed on the Site is governed by these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are permanently accessible on the Site.
The General Terms and Conditions of Sale applicable and enforceable against the Customer shall be those in force at the time the Customer actually validates his/her Order registered on the Site.
MADAME MELON reserves the right to modify the present Terms and Conditions of Sale at any time, without prior notice and without informing the Customer.
5/ PRODUCTS AND CONFORMITY
5.1. Access to the Products
The present Terms and Conditions apply exclusively to the Products ordered by the Customer on the Site.
Any Order for one or more Products on the Site therefore requires that the Customer has a computer and access to the Internet.
All costs related to the Internet connection to access or use the Site shall be borne exclusively by the Customer.
5.2. Marketing limitations
The Products marketed by MADAME MELON on its Website are mostly handmade. Their marketing is therefore either limited in time, or may be subject to constraints, hazards and delays related to this manual production.
MADAME MELON therefore reserves the right to limit the marketing of each of its Products in terms of quantity, duration of marketing, and/or the geographical scope of their marketing.
5.3. Availability of Products
The offers of Products on the Site are made for the whole world,
Each Product visible on the Site is, on the day of its consultation by the Customer on the Site, offered for sale within the limits of available stocks.
However, it is possible that one or more Products on the Web site, for which the Customer has placed an Order, may no longer be available at the time the Order is being prepared.
In the event that one or more Products are unavailable after the Sales Order has been placed, MADAME MELON will inform the Customer by e-mail as soon as possible.
MADAME MELON shall not be held responsible for the total or partial unavailability of the Product(s), and shall not be held liable for any damages incurred by the Customer as a result thereof.
In the event of a debit or collection for the order of an unavailable item, and the Customer's express or implied request (Article 6) for a refund, MADAME MELON undertakes to refund the Customer within 15 days.
5.4. Presentation of the Products
Each of the products offered for sale on the Site is accompanied by a description sheet, accessible by clicking on the title of the Product or its photograph, presenting the essential characteristics of the Product in accordance with the provisions of Article L 111-1 of the Consumer Code, with the greatest possible accuracy, without being exhaustive.
The photographs illustrating the products, as well as their descriptive texts, are not part of the contractual field. These photographs do not ensure a perfect similarity.
Each Product is handcrafted and unique; it cannot be contractually associated with the photos provided. The photographs representing the Products are only indicative.
MADAME MELON could, due to its suppliers, be led to deliver to the Customer an article of slightly different composition from that described but in any case of equal quality to the article ordered.
The Customer acknowledges and agrees that the Product descriptions and photographs may contain errors or omissions (sizes, colors, compositions, descriptions, prices, etc.), and that MADAME MELON shall not be held liable in this regard.
MADAME MELON reserves the right to modify, at its own initiative and at any time, without prior notice and without obligation to modify the Products previously delivered or ordered, the Products, their Photographs and their descriptions.
5.5. Maintenance of the Products
It is recommended not to wear the jewellery and other accessories under water, as well as to avoid contact with perfume and/or lotions.
MADAME MELON reserves the right to modify its prices at any time and without notice.
The Products will be invoiced on the basis of the prices in force at the time the Order is registered.
The prices of the Products may vary according to the Order, and in particular according to the place of delivery or the volume of the Order. The prices displayed on the product sheets do not take into account the shipping, handling and packaging costs that the Order may generate.
The final prices are indicated at the time of the Order confirmation on the Site
The final prices are indicated in Euros, inclusive of all taxes, including the Value Added Tax applicable on the date of the Order. The Customer accepts that if this rate is modified before the Order is placed, these changes may be reflected in the price of the items without the Customer being informed in advance.
The Value Added Tax is the one in force on the French territory.
The final prices include the price of the Products, the shipping costs, the contribution to the order processing costs and the packaging costs.
Once the Sales Order has been validated, the Client will receive an email summarising the Sales Order, including details of the shipping and handling charges mentioned above.
The invoice will be sent to the e-mail address indicated at the time of the order. The invoice will be sent to the e-mail address indicated at the time of the order and will be established in accordance with the price list in force on the day the order was placed.
If the price of a Product ordered is incorrect, MADAME MELON will inform the Customer by e-mail as soon as possible.
The Customer will then have the option of confirming the Order by taking into account the correct price indicated in the aforementioned e-mail, or cancelling it.
If the country of delivery is outside the European Union, customs duties will be payable by the recipient. Madame Melon has no control over these charges which are the sole responsibility of the Customer.
7.1. Pre-ordering conditions
All Orders require the Customer to register on the Site by filling in a dedicated form which will allow the Customer to connect individually to the Site.
By filling in this form, the Customer accepts the use of the service as provided by MADAME MELON, and undertakes not to use any false information, or information that would belong to or concern a third party.
MADAME MELON shall not be held responsible for any error in the information, or any false information, provided by the Customer, nor for any consequences that such erroneous information may cause, including any delay or impossibility of delivery due to the incorrect entry by the Customer of the details of the recipient of the order (delivery address, billing address, etc.)
7.2. Ordering process
Once the Customer has confirmed the content of the Order, as well as the delivery method and location, the Customer shall definitively validate the payment either via the Website or, in the case of an order to be delivered abroad, after having expressly validated the order by sending an e-mail to firstname.lastname@example.org, by return of the e-mail previously sent to the Customer by MADAME MELON, and in accordance with the terms and conditions set out in this e-mail, specifying the estimated and indicative delivery costs.
The Sales Order will only be considered definitively validated once the corresponding amount has been paid in full, and the sale will only be considered completed once MADAME MELON has sent the Customer an e-mail confirming the Sales Order.
Once the Sales Order has been validated and the corresponding price has been paid by the Customer, and once MADAME MELON has received the agreement of the payment center, MADAME MELON will confirm the acceptance of the Sales Order by e-mail, summarizing the total amount of the Sales Order, the date of the Sales Order, and the delivery method chosen by the Customer.
The Customer acknowledges and agrees that any Order may be cancelled or refused by MADAME MELON:
- If MADAME MELON detects an anomaly in the placing of the Order, its content, or its future delivery;
- In case of default in payment of the price, including any case of insolvency of the Customer or any failure to make payment for the Order in question;
- In the event of a new Sales Order from a Client with whom the Client is in arrears, or in the event of repeated difficulties in delivering Products previously ordered by the Client, or in the event of fraud or attempted fraudulent use of the Site, notably in the case of previous Sales Orders placed by the Client.
MADAME MELON shall not be held responsible for any failure to respect its contractual obligations as a result of force majeure, notably in the event of war, interruption of transport services, import problems, strikes or natural disasters.
In accordance with the provisions of articles L138-2 and L 138-3 of the French Consumer Code, in the event of the Product being unavailable, the Customer has the right to be reimbursed for the price of the Product within fourteen (14) days of the date on which he/she denounced the contract.
7.3. Terms of payment
The payment of the final price is made online, either :
- by credit card: MADAME MELON accepts the following credit cards: Carte Bleue, Visa, Eurocard/Mastercard. Payment must be made in cash, at the time of the Order.
- By Paypal: if the Customer already has an active Paypal account at the time of the Order.
The Customer guarantees MADAME MELON that he/she has the necessary authorisation to use the payment method chosen.
The Order is only considered effective after the secure bank payment centre has given its approval.
The amount debited will correspond to the Products actually delivered.
The Products ordered remain the property of MADAME MELON until full payment has been received from the Client.
7.4. Payment security:
The part of the site reserved for online payment is subject to a security system provided by the Société Générale / Credit Lyonnais ... etc..
Any transmission of information related to payment, including the transmission of a credit card number, its date of validity or its visual cryptogram, is done in the secure context of MADAME MELON's service provider mentioned above.
8/ RIGHT OF WITHDRAWAL
8.1. Legal time limit
In accordance with the provisions of Articles L 221-21 et seq. of the Consumer Code, the Customer has a period of fourteen days from the day following receipt of the Product ordered to exercise his right of withdrawal, without having to provide any reason.
The date of the postmark or the date of the delivery receipt is the starting date of this period.
8.2. Exclusion of the right of withdrawal
All Products returned incomplete, damaged, worn, soiled, or without original packaging (including any notices and documentation, and delivery note) are excluded from the right of withdrawal. None of these Products can be returned or exchanged by MADAME MELON.
Upon receipt of the returned Products, MADAME MELON systematically checks their condition.
In case of non-conformity of the Products with the requirements for exercising the right of withdrawal, the Customer will be informed by e-mail as soon as possible.
If necessary, the Customer will be asked to pay the shipping costs if he/she wishes MADAME MELON to send back the Products concerned, the amount of which will vary according to the delivery method chosen by the Customer.
The Product(s) will then only be returned to the Customer by MADAME MELON after full payment of the price by the Customer, corresponding to the aforementioned delivery costs according to the terms and conditions set out in Article 7.3. of these General Terms and Conditions of Sale.
In the event that the Customer has returned to MADAME MELON a Product that does not meet the conditions for exercising the right of withdrawal, the Customer acknowledges and accepts that he/she will not be entitled to any reimbursement of the shipping costs incurred to return the Product(s) concerned.
8.3. Modalities of the right of withdrawal
The Customer shall notify MADAME MELON of his/her decision to withdraw by means of a declaration devoid of ambiguity, by filling in the withdrawal form available in Annex 1 of these General Terms of Sale, either :
by email to the address ... email@example.com
- by post to the following address: 65 bis rue du point du jour / 92100 Boulogne............
Upon receipt of the withdrawal form, an acknowledgement of receipt of the withdrawal will be sent by MADAME MELON to the Customer by email as soon as possible.
In accordance with the provisions of Article L.221-21-2 of the Consumer Code, the Customer shall return the Product(s) to MADAME MELON, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
In view of the above, the Customer must return the Product(s) at his/her own expense, in its original packaging, accompanied by the delivery note, and in new condition to the following address firstname.lastname@example.org no later than fourteen (14) days after having communicated his/her decision to withdraw.
Beyond the 14-day period from delivery, the goods will not be returned or refunded.
For all orders placed via the secure Paypal platform, the return shipping costs incurred by the Customer can be reimbursed by this service.
This service is only valid for returns made by La Poste and for users with a non-suspended and unrestricted French PayPal account. For more information about your Paypal refund, the Customer should go to the following address: https://www.paypal.fr/ConditionsGeneralesfraisderetourrembourses
For any question about a return, the Customer can contact MADAME MELON at the following address: email@example.com
If the Product(s) concerned meet the conditions for exercising the right to cancel set out in article 8, the Customer will be entitled to a refund of the Product(s) returned and the cost of shipping the Sales Order.
In the case of an Order comprising several Products, the reimbursement of delivery costs shall correspond to the proportion of the value of the Product(s) returned in relation to the total amount of the Order, and excluding any additional costs.
The Customer will be reimbursed by the same means of payment used to process the Order, within a period of fourteen days following receipt by MADAME MELON of the Customer's request to cancel the Sales Order, and only if the Product(s) in question have been received by MADAME MELON within this period.
This period may be extended by MADAME MELON :
- until MADAME MELON receives the Product at the address indicated in these General Terms of Sale;
- or until the Customer has provided proof of shipment of the Product concerned, namely any means to justify without possible dispute the shipment of the product concerned to MADAME MELON, under the conditions set out in this article.
9/ DELIVERY AND RETURNS
9.1 Geographical area of delivery
Deliveries are made to the address indicated by the Customer at the time of the Order, it being specified that this address must imperatively be located in the geographical delivery zone determined in this article.
Delivery may be made anywhere in the world by La Poste Suivi, Colissimo or by an express carrier, depending on MADAME MELON's convenience and the delivery method chosen by the Customer when placing the Order.
In the event that MADAME MELON is unable to deliver the Product in a given country, it shall inform the Customer by email as soon as possible and, if necessary, cancel the Order if it has been placed by the Customer at the time of the impediment.
The Customer must ensure that the information provided at the time of the Order (street, building, staircase number, access codes, names and/or intercom numbers, etc.) is accurate.
Consequently, MADAME MELON shall in no way be held responsible for any delays or total hindrance to ship the Product(s) due to incorrect information concerning the recipient of the Sales Order (delivery address, billing address, etc.).
9.2. Delivery Time
Madame Melon undertakes to process each confirmed order within 5 working days. Additional delays may be imposed by the Post Office or other delivery service for the delivery of the product.
MADAME MELON will do its best to ensure that the Order is delivered within thirty (30) days to all of Metropolitan France and European Union countries from the date of the order confirmation, it being specified that any Order processing will only be effective on working days (Monday to Friday).
For all shipments outside of France, the Customer must first send an email to MADAME MELON at firstname.lastname@example.org, mentioning the products he/she is interested in as well as the country of origin, via the MADAME MELON contact form in order to obtain an estimate of the shipping costs. Additional costs such as customs services and VAT may be applied to the Customer when the package arrives in his country. MADAME MELON cannot be held responsible for this.
The Customer acknowledges and accepts that longer delays may apply to the delivery of the Product(s) due to the fact that the Product(s) is (are) shipped overseas and that MADAME MELON shall not be held responsible for said delays.
It is specified that the Orders registered on the Site on a public holiday other than Friday, Saturday and Sunday are also processed on the next working day.
This deadline may vary depending on the availability of the Products ordered, as an Order may be subject to several successive deliveries.
MADAME MELON shall not be held responsible for any delays in delivery and shall not be liable for any damages incurred or withheld.
9.3. Resolution of the contract
In accordance with the provisions of Article L 138-2 of the Consumer Code, in case of failure by MADAME MELON to deliver the Product on the date or at the end of the period indicated, or, failing that, no later than thirty days after the conclusion of the contract, the Customer may cancel the contract.
The Customer acknowledges and accepts that, after this period, the products delivered will be deemed to be in conformity and accepted by the Customer, and MADAME MELON reserves the right to refuse the exchange or refund.
Any request for resolution of the contract by the Customer must be made by registered letter with acknowledgement of receipt.
The cancellation of the contract entails the obligation for the Customer to return the Product to MADAME MELON, and any return by the Customer must be made under the conditions provided for the right of withdrawal in Article 8 of these Terms and Conditions.
In the event of abnormal or abusive returns, MADAME MELON may refuse to service a subsequent Order.
9.4. Receipt of the Product(s)
Each delivery is deemed to have been made on the date and time the Product(s) is (are) handed over to the Customer, or made available to the Customer, or is (are) first effectively presented to the Customer at the delivery address indicated by the Customer when placing the Order, notably by the carrier, as evidenced by the control system used by the carrier.
The Customer may be asked to provide proof of identity or any other required documents at the time of delivery of the Product(s). Any refusal or failure by the Customer to provide the required documents may lead to the cancellation of the sale by MADAME MELON.
Without prejudice to the period available to the Customer under his right of withdrawal defined in Article 8 above, it is the Customer's responsibility to check shipments on arrival and to make any reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious traces of deterioration.
The Client acknowledges and accepts that the risks are transferred upon delivery of the Product(s) to the delivery address indicated by the Client when placing the Order.
Any reservations or claims must therefore be made to the carrier at the time of delivery. The Client is therefore invited to check the condition of the package and the Products it contains upon delivery.
In the case of a delivery outside the EU zone, the client may have to pay, at his or her own expense and upon receipt, all taxes, duties and fees in force in the country concerned.
- INTELLECTUAL PROPERTY
All the elements contained in the Site, textual, visual or sound, including any text, logo, image, graphic elements, software, etc., are protected by intellectual property rights (copyright, trademark rights, design rights).
These elements remain the exclusive property of MADAME MELON, and/or its partners, holders of these intellectual property rights.
They may not be reproduced, copied, redistributed or exploited, even partially, in any capacity whatsoever and by anyone, without the written permission of MADAME MELON or its partners where appropriate.
The photos on the website were taken by Alexy Bénard and Clément Tissot. The videos on the website were produced by Alexy Benard and Matthieu Besnard. The logo and the graphic charter were created by Melody Besnard.
- PERSONAL DATA
The personal information collected in the context of distance selling is mandatory, this information is necessary for the processing and delivery of Orders as well as for the establishment of invoices.
MADAME MELON shall refrain from releasing any personal information about its clients to third parties (first name, last name, address, telephone number, e-mail address, etc.), except in the case of its partners and for the purposes for which the client has provided such information.
More precisely, this information will be used by MADAME MELON's internal services or partners for the processing of the Customer's Order via the Site, to send the Customer any commercial offer from MADAME MELON that may be of interest to him/her, or for any exchange of correspondence with the Customer, in particular in the event of a request for information by the latter.
Regarding the sending of commercial offers, the Customer may at any time notify MADAME MELON that he/she no longer wishes to receive them, by contacting MADAME MELON directly at the address below:
In accordance with the law "Informatique et Libertés" n°78 17 of January 6, 1978 as modified by the law of August 6, 2004, the files of nominative information relating to the Customers collected on the Site were the subject of a declaration with the Commission Nationale de l'Informatique et des Libertés (CNIL). 
The Customer may at any time contact MADAME MELON to exercise his right of access, modification, rectification and deletion of data concerning him, by sending his request to the following email address
Information relating to all Orders are stored and archived for a period of 10 years and can be used as evidence in case of dispute.
12.1. Legal Guarantees
The client is informed that MADAME MELON is the guarantor of the defects of the goods sold.
When acting in legal guarantee of conformity and as detailed below, the Customer :
- has a period of two years from the delivery of the goods to act;
- can choose between repair or replacement of the good, subject to the conditions of cost provided by Article L. 211-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the goods during the 6 months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted by the manufacturer.
The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the Customer can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the civil code.
All products sold by MADAME MELON benefit from the legal guarantee, provided that the use has been normal and that the maintenance advice has been followed.
The Customer benefits from the guarantee of conformity and the guarantee of hidden defects, in accordance with the provisions of articles L 211-4, L 211-5, L 211-9, L 211-10, L 211-11 and L211-12 of the Consumer Code, as well as articles 1641 to 1649 of the Civil Code.
Article L211-4 of the Consumer Code:
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the good must:
- Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-9 of the Consumer Code:
In case of lack of conformity, the buyer chooses between repairing or replacing the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L211-10 of the Consumer Code:
If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same option is open to him:
If the solution requested, proposed or agreed upon in application of article L. 211-9 cannotbe implemented within one month following the buyer's complaint;
Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is seeking.
The resolution of the sale can not be pronounced if the lack of conformity is minor.
Article L211-11 of the Consumer Code:
These same provisions do not prevent the allocation of damages.
Article L211-12 of the Consumer Code:
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
13/ MISCELLANEOUS STIPULATIONS
13.1. Force majeure
MADAME MELON shall not be held responsible for the total or partial non-performance of its obligations under this contract, when this non-performance is caused by an event constituting force majeure, recognized as such by jurisprudence.
13.2 Completeness of the contract
In the event that one of the clauses of this Contract is null and void due to a change in legislation, regulations or a court decision, this shall not affect the validity of and compliance with these general conditions of sale.
13.3. Applicable law and jurisdiction
The present general conditions of sale and the contractual relations between MADAME MELON and the Customer are subject to French law.
The French courts will have exclusive jurisdiction to hear any dispute arising between Lady Melon and the Customer.
MADAME MELON commits to seek an amicable solution before any legal action.
APPENDIX 1: Withdrawal form
For the attention of MADAME MELON
Name of the Customer: ........................................................................
Hereby notify MADAME MELON of my withdrawal from the contract for the sale of the Product(s) below:
Number of products subject to withdrawal: ..............
Ordered on ..................................... Received on: .........................................
Order number: .................................................................
References of the Product(s) subject to withdrawal:
Client's address :
Customer's signature (if notification of withdrawal by paper mail) :