General conditions of sale
Last update: April, 24 2013
The trading website www.melvita.com (hereinafter referred to as the "Site") is an electronic trading site accessed via the Internet and open to all Internet users (hereinafter referred to as "Internet Users"). It is published by Melvita SAS (hereinafter referred to as "Melvita") whose registered office is at La Fontaine du Cade – 07150 LAGORCE - FRANCE, registered in the Business and Companies' Register, Aubenas (07), France.
Melvita uses the Site to sell its cosmetic and dietary products, manufactured and distributed by Melvita (hereinafter referred to as the "Products"), to Internet Users browsing on the Site (hereinafter referred to as "Users"). In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all the components, trademarks, drawings, models, logos, photos, graphics, etc., contained on the Site and their compilation are the sole property of Melvita or its suppliers, who grant no licence or any other right than that of viewing the Site. The reproduction or use of all or part of these components is only authorised for the purpose of gathering information for personal and private use; reproduction and the use of copies for any other purposes are expressly prohibited. Any other use constitutes a fraud and is punishable under the laws governing Intellectual Property, unless it has previously been agreed in writing by Melvita.
In applying these conditions, it is agreed that the User and Melvita will be referred to collectively as the "Parties" and individually as the "Party", and that a User who has confirmed an order will be referred to as the "Buyer". The User’s rights and obligations apply necessarily to the Buyer.
Melvita will do everything possible to ensure that the information shown on the Site is accurate and up to date, and reserves the right to correct the content at any time without notice. However, Melvita cannot guarantee the accuracy, precision or exhaustiveness of the information placed on the Site. Melvita therefore cannot accept any liability:
- for any lack of precision, inaccuracy or omission concerning the information placed on the Site;
- for any damage arising from the fraudulent intrusion of a third party that has led to a modification to the information placed on the Site;
- and, more generally, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by anyone accessing the Site, or the impossibility of accessing the Site, or using the Site and/or the credence given to any information originating directly or indirectly from the Site.
It is stipulated that the Products are intended for the User’s personal use, and have no direct relation with the User’s job.
Users who wish to make purchases from the Site declare that they have full legal capacity to do so. However, although individuals who do not have this capacity under the terms of article 1123 and following of the Civil Code may not in any way makes purchases on the Site and therefore not acquire the capacity of Buyer, they may be Users of the Site. In this case, they may view the Site and the services it offers under the responsibility of their legal representative. The legal representative is bound to abide by these stipulations. In all cases, when personal information is transferred, the legal representative must fill in the registration form himself or expressly authorise the minor to fill in the said form; the stipulations relating to personal information as provided for in article 7.1 below are of course applied.
Any order for a Product proposed on the Site assumes that the Buyer has read and expressly agreed to these general conditions of sale; this agreement is not, however, dependent on the User’s hand-written signature. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree no. 2001-272 of 30 March 2001, which applies article 1316-4 of the Civil Code and relates to electronic signatures, please note that confirmation of the order form, as clarified in article 3.3 below, constitutes an electronic signature that has the same value between the Parties as a hand-written signature and is valid proof of the entire order and the payability of the sums due in return for the performance of the said order.
Users may, freely and at any time, view the general conditions of sale referred to on this screen by clicking on the link "General conditions of sale". Users also have the option of saving or printing these general conditions, it being stipulated that they are solely liable for the saving or printing of this document, as these general conditions of sale may be modified at any time. In this case, the applicable conditions will be those that were in force on the Site on the date of the order.
Hypertext links may refer Users to websites other than this one. Melvita will not accept any liability if the content of these websites contravenes the legal and statutory provisions in force. Furthermore, Melvita reminds Users that the creation of a hypertext link to the homepage or any other page of this Site is subject to Melvita’s express, prior, written agreement.
Article 1. Object
The object of these general conditions of sale is to define, solely due to the relations that they establish on the Internet, the Parties’ rights and obligations arising out of the online sale of the Products proposed on the Site.
All Product orders placed by the User with Melvita imply the User’s final, irrevocable acceptance of all the general conditions of sale set out below. The customer thus acknowledges having read the general conditions of sale at the time of placing the order and expressly declares that he accepts them without reserve. These general conditions of sale will prevail over all other conditions set out in any other document, unless a prior, express, written dispensation has been granted.
Article 2. Products - Prices
The Products proposed for sale by Melvita are those shown on the Site on the day on which the User views the Site, and within the limits of available stocks. If one of the Products is unavailable, the Buyer will be informed with the order confirmation at the latest and will be given an idea of its delivery time.
Melvita presents the products on sale on its Site with the necessary characteristics; these are required to comply with Article L 111-1 of the Consumer Regulations, which provides the consumer with the opportunity to read information about the key features of the products that he wishes to buy before finally placing the order. The photographs and texts illustrating the Products do not form part of the contract. Melvita may not be held liable for the erroneous nature of any of these photographs and/or texts.
Prices are given in Euros and are valid for mainland France, Corsica and Monaco. They include any reductions and VAT, which is applied at the rate in force on the day of the order, unless there has been a significant change to costs and particularly to VAT.
The prices shown on the Site are guaranteed within the limits of the validity stated in the offer and within the limits of available stocks. They do not include a contribution to carriage and packing costs, which will be invoiced extra (see article 4 on Delivery).
Melvita reserves the right, which the User accepts, to change its prices at any time, but the Products will be invoiced on the basis of the prices in force when the order is recorded, subject, nevertheless, to the availability of the said Products.
Article 3. Recording and confirming the order
3.1. Browsing on the Site
The User may read about the various Products proposed for sale by Melvita on its Site. He may browse freely on the various pages of the Site without any commitment to order.
3.2. Recording an order
If the User wishes to place an order, he will choose the various Products in which he is interested and demonstrate that interest by clicking on the box "Add to basket". A special screen will appear every time the User adds a Product to the basket.
At any time, the User may:
- obtain a summary of the Products that he has selected by clicking on "My basket",
- change the quantities and/or delete articles,
- continue to select Products by clicking on "Continue",
- stop selecting Products and order these Products by clicking on "Next stage" when reminded of the contents of the said basket.
To order the Products that he has chosen, the User must identify himself/herself by entering his e-mail address and password if he has created an account, or by clicking on "I create my account" if he has not already done so. In the latter case, the User must fill in the form accurately, giving the information required to identify him, such as his name, first name and postal address. Furthermore, the User must provide an e-mail address and a password of his choice that will be personal and confidential; this will be needed for identification purposes on the Site at a later date. The User is informed and accepts that the entry of these two identification codes is valid proof of his identity and demonstrates his consent.
Once the User is identified, he must confirm the invoicing and delivery addresses (as set out in article 4 below); an order form will then appear on the screen, summarising: the nature, quantity and price of the Products chosen by the User, the total cost of the order and the invoicing and delivery addresses for the Products. The User may choose his preferred method of payment. It is stipulated that payments by cheque are only valid for a delivery in mainland France, Corsica and Monaco. Cheques must be in Euros and made payable to Melvita.
3.3. Final confirmation of the order
Having read the order statement and given all the required information, the User clicks on the chosen method of payment to finally confirm the order. If the User wishes to pay by bank card, he must enter the card number, depending on the type of card, the expiry date and the CVC number (the 3-figure number on the back of the card). If the User chooses to pay immediately by bank card, as provided for in article 6 below, he will be transferred automatically to the HSBC electronic banking server (hereinafter referred to as "the Bank"). The Bank server is secured by S.S.L. (Secure Socket Layer) encryption to protect all the data linked to the means of payment as effectively as possible; at no time do the User’s bank details pass through Melvita’s computer system. Melvita cannot therefore be held liable.
Once the User has confirmed payment, the order is recorded and becomes irrevocable. The User becomes the Buyer. The order form is recorded in Melvita’s computer records, which are kept on a reliable, durable base, and will be considered as proof of the contractual relations between the Parties.
In accordance with article 5 below, the Buyer has a right to an exchange or refund for a period of seven (7) full days from the date on which he receives the Products.
3.4. Confirming the order
When the Buyer has confirmed the method of payment (giving the card number, expiry date and CVC number where relevant), a summary of the Buyer’s order will be displayed; this will contain the transaction number. The summary will also be sent by e-mail, at the latest on the date on which the Products are delivered, to the e-mail given by the Buyer when the order was placed. This confirmation will contain all the information required to form the contract between the Parties.
Article 4. Delivery
4.1 Delivery conditions
Melvita will do its utmost to ensure that the order is dispatched within the average dispatch times set out in the delivery price list, which may be viewed on the Site by clicking on the link "Delivery price list". These times run from the working day following the date on which the Buyer confirmed the order and are given for guidance purposes only. If the delivery time is exceeded, this may not give rise to damages, a retention or the cancellation of the order by the Buyer. In all cases, and in accordance with the provisions of article L. 121-20-3 of the French Consumer Regulations, the ordered products should be delivered within a maximum period of thirty days of the date following the day on which the Buyer registered the order, subject to the payment of the price in full. If the Products are not delivered by the time this period has expired, the Buyer will have the option of cancelling the order. The sums paid by the Buyer must be refunded without delay, to the exclusion of any other form of compensation. The Buyer should make the request in writing (letter or email to the address shown on the “Contact us” page of the Melvita website), which will help Melvita improve the quality of the service offered to the Buyer. Melvita will then carry out an investigation with the carrier concerned before cancelling the Buyer’s order and refunding the cost of the products ordered and not delivered. An investigation with the carrier may take up to 21 working days. If, during this time, the parcel containing the products is found, the Buyer may choose either to have it immediately re-routed to the delivery address shown on the order form or to have it kept by Melvita, who will then refund the cost of the products ordered and not delivered. However, if the parcel containing the ordered products is not found by the end of this 21-day investigation period, Melvita will, at the Buyer’s choice, either refund the cost of the products ordered and not delivered or send out a new dispatch of the products ordered by the Buyer at Melvita’s expense.
The Products ordered by the Buyer will be delivered to mainland France, Corsica and Monaco, to the delivery address given by the Buyer on the order form. In this respect, the Buyer will have the option of having the Products delivered to an address other than his own. The Buyer is responsible for accurately providing Melvita with all the information required to ensure that the order is correctly delivered. However, delivery may not take place in the event of ‘force majeure’ or a strike in the transport and/or postal services.
The Products will be transported by “La Poste” using their “Colissimo Suivi” service. Melvita will not accept any liability for an excessive delivery time as a result of a problem in the postal services, or if the ordered Products are lost, or in the event of a strike. The Buyer is responsible for all transport risks. The Buyer is therefore bound to check the condition of the packaging of the goods on delivery in order to refuse the said parcel if he notices that it has suffered damage during transport, and to report this refusal to us within three days. Furthermore, it is stipulated that ownership of the ordered Products will not be transferred to the Buyer until the invoiced price has been paid in full, including delivery charges.
This being the case, despite every care taken by Melvita in preparing the parcels, it may occur that a Product is missing. Similarly, it may occur, after the parcel has been transported, that one of the Products turns out to be defective. For this reason, the Buyer must check, on receiving the order, that the Products are in good condition. Any anomaly concerning the delivery (missing or broken Product) must be notified to Melvita’s customer department on the date of receipt or, at the latest, on the first working day after receiving the order, in a letter addressed to Melvita - Service clients – 108 rue de Richelieu– 75002 PARIS- FRANCE, via one of the forms on the “Contact us” page. Any complaints made after this period will be rejected and Melvita will not accept any liability. Melvita reserves the option of asking the Buyer to return the defective Product.
If the above-mentioned conditions are fulfilled, Melvita will either exchange or refund the defective Product(s), or re-dispatch the missing Product (subject to the validity of the Buyer’s request).
4.2 Contribution to postal charges
The Buyer will be required to contribute towards the postal charges on Products in any order, with the exception of special discounts mentioned on the Site and within the timescale of the offer; this will be added to the total cost of the order. The contribution is all-inclusive and is calculated according to the area to which the Products are dispatched. In declaring that he has read and accepted the general conditions of sale, the Buyer acknowledges that he agrees to pay the postal charge contribution mentioned on the order, which is in accordance with the prices that applied on the day of the order.
Where relevant, customs and import duties are not included in the postal charge contribution and must be paid by the Buyer. It is therefore the Buyer’s responsibility to seek information about the duties that are payable in his country before confirming the order.
Article 5. Right of withdrawal
The Buyer has a period of seven (7) full days in which to return the Product(s) he has ordered, at his own expense, if they do not give satisfaction. The period runs from the day on which the order is received. The Product(s) must be returned in their original packaging to the following address: Melvita – Service clients – 108 rue de Richelieu– 75002 PARIS- FRANCE.
If the above-mentioned conditions are fulfilled, Melvita will send the Buyer a refund within two (2) weeks of the date on which Melvita receives the parcel (the date of receipt by Melvita is valid as a notification to Melvita of the Buyer’s exercise of his right of withdrawal). The refund will take place in one of the following three ways:
- the parcel is retuned without having been opened: the parcel and any dispatch costs are refunded. Return costs may not exceed dispatch costs;
- the product is returned because the Buyer is not satisfied: the product is refunded and return costs are paid by the Buyer;
- the product is returned for reasons attributable to Melvita: the parcel, dispatch costs and any return costs are refunded. Return costs may not exceed dispatch costs.
Article 6. Payment
The total amount payable by the Buyer is the amount shown on the order confirmation sent by Melvita to the Buyer by e-mail.
When confirming his order, the Buyer will have a choice, as stated in article 3.3 above, between various methods of payment. In this respect, unless the server is unavailable, he may pay:
• immediately on the Internet: by Bank Card (Carte Bleue, Visa, Eurocard/Mastercard). Payment is in Euros.
Another payment option is open to the Buyer for mainland France, Corsica and Monaco:
• by cheque: the Buyer prints his order form on paper and sends it by post to Melvita (Melvita - Customer service – 108 rue de Richelieu - 75002 PARIS - FRANCE), along with the check payment in Euros, made payable to "Melvita", within 7 working days of placing the order. In this case, the order will not be confirmed or dispatched until Melvita has received payment in full and the payment has been confirmed.
In all cases, Melvita reserves the right to refuse any order or delivery if there is an existing dispute with the Buyer over the total or partial non-payment by the Buyer for a previous order, a refusal by the banks to authorise payment by bank card, non-payment or partial payment. Melvita cannot be held liable in any case.
Article 7. Computers, files and civil liberties
7.1. Named information
Named information has to be gathered as part of the distance selling process, as it is needed for processing and delivering orders and drawing up delivery notes. Failure to provide such information means that the order will be automatically rejected. In accordance with Act no.78-17 of 6 January 1978 relating to computers, files and civil liberties, the User has the right to access, correct and delete any personal information concerning him. To exercise this right, the User should contact Melvita using one of the forms on the “Contact us” page or by letter sent to: MELVITA – Customer service – 108 rue de Richelieu– 75002 PARIS – FRANCE.
7.2. Web tags
Certain web pages on the Site may sometimes contain electronic images or “web tags”, which are used to count the number of visitors to the page. In all cases, the information obtained via these tags is strictly anonymous and simply helps us to gather statistics on the number of visitors to certain pages on the Site, with a view to offering a better service to Site users.
Article 8. Miscellaneous stipulations
8.1. Force majeure
Melvita will not be held liable for the total or partial non-performance of its obligations under this contract if the non-performance is caused by an event constituting ‘force majeure’, especially in the case of a total or partial disruption or strike affecting the postal, transport and/or communications services, flood or fire. Events that fulfil the criteria fixed by case law in the 2nd Civil Chamber of the Court of Cassation (France’s final appeal court) will be considered as cases of ‘force majeure’.
In the presence of an event constituting ‘force majeure’, Melvita will inform the User/Buyer within five (5) working days of the occurrence or threat of this event. The Parties agree that they will consult each other as soon as possible to work out together the arrangements for honouring the order while the case of ‘force majeure’ is in progress. If, beyond a period of one (1) month’s disruption due to ‘force majeure’, Melvita is still not able to honour the order, the company must reimburse the Buyer where relevant.
8.2. Partial non-validity
If one or more stipulations of these general conditions of sale are deemed to be invalid or are declared as such in application of a law or regulation or as a result of a final ruling by a competent court, the other stipulations will retain their full force and scope.
8.3. Entire agreement clause
These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of a contradiction between these documents, the general conditions of sale will prevail.
8.4. Applicable law
These general conditions of sale and the contractual relations between Melvita and the Buyer are subject to French law. In the event of a dispute, an amicable solution must be sought before any legal action is taken. In the event of legal action, the only competent court is the Commercial Court in Aubenas (07), France.