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Terms & Conditions Luxembourg


TERMS AND CONDITIONS

These Terms and conditions apply without limitation or qualification to all sales of products offered by Melvita and entered only on the website www.melvita.eu to the consumers.

They can be printed and saved by the user.

By ordering a Product offered for sale on the website www.melvita.eu, the Buyer assumes that he has read and expressly agreed to these terms and conditions before the order.

  • Products
  • Seller
  • Buyer
  • Ordering
  • Wrapping
  • Delivery
  • Payment policy
  • Customer Service
  • Privacy and personal data Protection
  • Modification of the terms and conditions
  • Intellectual property
  • Your reviews on our products


PRODUCTS

In accordance with article L.111-1 of the Consumer Regulations, Melvita gives to the Buyer the following information:

The Buyer has the opportunity to read information about the key features of the products that he wishes to buy before finally placing the order. 

The Products proposed for sale on the website www.melvita.eu are those shown on the Site on the day on which the User views the Site, and within the limits of available stocks. Melvita has the right to change its collection and to change the list and the ranges of products at any time.

Products pictures displayed on the website are not contractual

Melvita ensures that pictures and drawings faithfully reproduce the Product and contain no ambiguity on concepts including size, weight, quality.

 

SELLER

Sales of products on the website www.melvita.eu are performed by the company M&L Distribution SAS with a capital of 555 105 euros with registered company number 415073592, whose registered address is at Quartier Marquenoux – La Fontaine du Cade (07150) Lagorce (MELVITA)

Email: contact.fr-fr@melvita.com

Phone number: +334 75 37 09 48 (cos of a call to France)

Melvita offers the sale of its Products on the website www.melvita.eu to the consumers with legal capacity for the placement of an order (Buyer). Melvita cannot be held to verify the legal capacity of each Buyer.

Prices

Prices are given in Euros and are valid for the moment when the order is placed. 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.

Melvita reserves the right, which the Buyer 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.


ORDERING

MELVITA offers you the opportunity to order using the method of your choice. On the website, for the products, the payment is made by credit card.

The customer has the possibility to check the details of its order project and correct any error.

For the same purchase, the Buyer can order a maximum of 6 items for the same reference.

From the moment when the Buyer confirms the order by clicking on the icon [“FINALIZE CHECKOUT”], he is deemed to have accepted knowingly content and conditions of the order, in particular these terms and conditions, prices, volumes, characteristics, quantities and delivery times of products ordered by the Buyer.

The sale will be definitive when the Buyer confirms the order, without prejudice to the exercise by the Buyer of his withdrawal right (terms described below).

The order will be confirmed by an e-mail sent to the Buyer. The email contains the summary of all information previously displayed to the Buyer and with the withdrawal form (also available below).

A second email will be sent to the Buyer when his order is shipped.

Melvita recommends keeping both emails on a paper or electronic support. The two emails are sent to the email address given by the Buyer at the time of the identification, prior to the order placement. In case of error in entering the email address, or in case the order confirmation email is not sent, Melvita’s responsibility will not be involved.

Melvita is entitled to collect the full price corresponding to the order when the shipping confirmation email is sent to the Buyer.


WRAPPING

Melvita manufactures gift wrappings for free. Melvita provides free gift boxes or bags so that the Buyer can realize his own gift-wrapped parcel(s). Melvita reserves the right to choose the suitable type of gift wrapping.


DELIVERY

Delivery place:

According to the Products, Melvita delivers the products only in ……

Products will be sent to the shipping address given by the Buyer during the ordering process.

The carriage costs are tax inclusive.

 

Products delivery:

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.

Methods of Products delivery:

Delivery without an aknowledgment of receipt

Standard Delivery

The delivery rate is €4,90.

Standard delivery is FREE for orders of €59 or more.

Delay in the Products delivery:

Delivery delay

In case of late delivery (delivery exceeding 30 days), the Buyer may ask Melvita to make delivery within a reasonable additional period. If Melvita has not executed within this period, the Buyer has the option to cancel the order, unless Melvita has complied in the meantime or unless the late delivery is due to a case of absolut necessity as defined below.

The order cancellation can be requested:

-         By e-mail at this address: contact.fr-fr@melvita.com

-         By registered letter with recorded delivery to this address: Melvita Customer Service – 108 rue de Richelieu – 75002 Paris – FRANCE

Once the order is cancelled, Melvita refunds the Buyer the full amount paid, at the latest within fourteen days of the date on which the contract has been terminated. In case of delay in the refund, the amount paid by the Buyer shall automatically be increased by 10% if the refund is made within thirty days beyond this term, by 20% up to sixty days, and by 50% thereafter.


PAYMENT POLICY

For the purchase of products on the website www.melvita.eu

PAYMENT BY CREDIT CARD (secured payment)

Melvita accepts payment by Credit Card, Visa, Mastercard.


SAFETY

Payments on this website are made by credit card through a secure payment system. This website secures your pricate information using a Digicert SSL Certificate. The information exchanged is encrypted with SSL (Secure Socket Layer) before being transmitted. The information being unreadable, nobody can use them without your knowledge.

To increase the security of your banking information, Melvita does not retain them. Therefore, you will have to give them for every new order.

Melvita reserves the right to suspend or cancel any order and / or delivery in case of default of payment, payment incident and / or fraud in the use of the website or the payment method chosen by the Buyer.


TITLE RETENTION CLAUSE

Melvita reserves ownership of the Products delivered until full payment.


RESPONSIBILITY

Melvita is committed to the successful implementation of obligations under the contract. Melvita may waive all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Buyer or to an unforeseeable and irresistible fact done by a third party, or a case of absolute necessity (eg strike, accident, riot, fire etc. being unavoidable events).

Melvita responsibility cannot be held liable for inconvenience or damage resulting from the use of the Internet.


RISKS TRANSFER

When a Buyer or a third party designated by him, different than the carrier suggested by the professional, takes physical possession of the property, any risk of loss or damage of the goods is transferred. When the Buyer entrusts the delivery of the goods to a carrier other than the one suggested by the professional, the risk of loss or damage of the property is transferred to the Buyer returning the goods to the carrier.

customer service and complaints

For any question or complaint regarding the execution of the contract, the Buyer can contact the Customer Service as follow:


CONTACT US

  • By email : contact.fr-fr@melvita.com
  • By phone : +334 75 37 09 48 (cost of a call to France) Monday to Friday 9am – 6pm..
  • By post : Melvita Customer Service – 108 rue de Richelieu – 75002 Paris – FRANCE


PRODUCTS AVAILABILITY

Products are subject to availability. Offers on the website are valid while they are announced on the website and while stocks last.

Melvita will inform the Buyer about the availability of the product at the moment of the order. If a Product of the order is not available at the moment of the order preparation, Melvita will send an email to the Buyer. The Buyer will be allowed to:

-         Replace the out of stock Product with a Product of the same amount (except if the Product was offered)

-         Receive the order without the out of stock Product, the amount of the out of stock Product will be deducted from the total amount of the order and will not be invoiced (except of the Product was offered)

-         Cancel the whole order


LEGAL GUARANTEE OF THE PRODUCTS

Melvita meets all its legal guarantee obligations such as guarantee of conform holding as set out in articles L211-4 and following of the Consumer Code and the guarantee for latent defect as set out in articles 1641 and following of the Civil Code.

In case of a lack of conformity (good unfit for the use for which it was intended, that does not comply with the description given by the seller or that does not comply with the characteristics announced by the seller or agreed with you), or latent defect (latent defect of the thing sold which render it unfit for the use for which it was intended, or to such an extent that the buyer would not have purchased the item or would have paid less for it, if he had been aware of such defects) of the Product according to the regulations set by law, you have to previously send your complaint to Melvita by post to : Melvita Customer Service – 108 rue de Richelieu – 75002 Paris – FRANCE

In case of lack of conformity, Melvita replaces the Product with the same product or an equivalent product. The replacement will be carried out 1 month maximum after the Product was received.

Melvita reminds the Buyers that Melvita Products should be kept away from moisture, from a too high temperature or too high brightness and can be subject to a expiry date. The Products that would not have been stored in the above conditions will be excluded from the guarantee.


RETURNS AND EXCHANGES

Right to withdraw:

The Buyer has the right to back down on this contract without any motive in a fourteen days time limit.

The withdrawal period expires fourteen days after the day when the Buyer, or a third party other than the carrier and appointed by the Buyer, takes physical possession of the Products.

To exercise his right to withdraw, the Buyer has to notice to Melvita its decision to back down on this contract using a declaration that should not be ambiguous (eg a letter sent by post, a telefax or email). The Buyer can use the withdrawal form by clicking HERE, but it is not mandatory.

In order that the withdrawal period is respected, the Buyer needs to send his communication regarding his exercise of the right to withdraw before the expiration of the withdrawal time.

If the Buyer exercises his right of withdrawal, Melvita will pay all payments of the Buyer back, including the shipping cost (except additional cost of a shipping method that is not the standard one) with no excessive delay and fourteen days after the day Melvita has been informed that the Buyer wants to exercise his right of withdrawal. Melvita will pay back the Buyer by using the same payment method as the one used for the initial transaction, except if the Buyer expressly notices a different method. The buyer will not be charged of any additional cost for the refund. Melvita is granted the right to defer payment as long as Melvita has received the Products or as long as the Buyer has a proof of the shipping of the Products, the earliest date of this two will be used.

The Buyer has to send back all his order with the Products to this address: ID Logistics - 44Rue des Arpents - Batiment D ZAC des Brateaux - 91100 Villabé - FRANCE with no excessive delay and at the latest fourteen days after he has expressed his willing of withdrawal. The Buyer has to send the Products before the deadline of fourteen days.

The Buyer has to pay the direct cost of shipping back the Products.

The Buyer’s responsibility is engaged only in respect of the depreciation of products resulting from the handling other than those necessary to establish the nature, characteristics and the functioning of the Products. All Products must imperatively be returned to Melvita in packaging and original state. Melvita has a period of four (4) days from receipt of the return of the command to check the status of the Products.

For cosmetics and food products, and for hygiene and health protection reasons, the Buyer is nevertheless clearly informed that he loses his right of withdrawal for all cosmetics and food products that will be unsealed after delivery.

For Cosmetics and food products that have been unsealed, for hygiene and health protection reasons, the right of withdrawal does not apply to these products, Melvita:

-does not proceed in any reimbursement of all payments (the Buyer’s transport costs included);

-asks the refund of all payments (the Buyer including transport costs) if Melvita has already repaid all payments received from the Buyer.

 

For all products sold under the brand Melvita (excluding cosmetics and food products) that have been damaged, Melvita will apply a discount of 25 % on the repayment of such products (excluding shipping costs) as these products are no longer marketable because of their depreciation and :

-will refund all the payments (Buyer’s shipping costs included), net of discount of 25%;

-will refund all the payments (Buyer’s shipping costs included), net of discount of 25% if Melvita has already repaid all payments received from the Buyer.

 

In case of any problem, Melvita invites the Buyer to contact directly and only the Customer Service.

 
Return under legal guarantees:
 

For a return or exchange, Melvita invites the Buyer to address the Customer Service that will indicate how to proceed and issue a return form to complete.

 

Return mode (other than in connection with the exercise of the right of withdrawal):

Products must be returned in their original packaging sent in the order, if necessary, without being used at the following address: ID LOGISTICS, Parc d'activité de l'A5, 2102 rue Denis Papin,77550 Réau FRANCE.

In case of any problem, Melvita invites the customer to call +334 75 37 09 48 (cost of a call to France) from Monday to Friday from 9am to 6pm.

APPLICABLE LAW

Sales of products on this website are subject to French law irrespective of the country of residence of the Buyer or place the order. Any dispute regarding the existence, interpretation, performance or termination of a contract between the Buyer and Melvita is subject to the exclusive jurisdiction of French courts.

 

CONFIDENTIALITY AND PRIVACY

Our Web server automatically recognizes the domain name (the ISP) and, where possible, the e-mail address of users who visit our site. We centralize domain names for statistical purposes. We use the information provided to improve the content of the pages of our website.

 

Melvita collects and processes personal data concerning the Client and the recipient of the order (except no credit card) on computer solely for order management. The Buyer has, in conformity with the law of 6 January 1978, a right of access, rectification and opposition on all the personal data concerning, exerted by email to the following address : contact.fr-fr@melvita.com or by mail at the following address: Melvita Customer Service – 108 rue de Richelieu – 75002 Paris – FRANCE

 
In order to improve the website performance and use you make of it, Melvita and its authorized service providers can use tools audience measurement and navigation tracking (such as cookies, markers ( "tags" ) etc. ). These tools do not identify you by name, but store information about your browsing and can especially be used in the context of a specific trade deals program. We inform you that you can oppose the registration or use of these tools by setting your browser for this purpose.

 

MODIFICATION OF THESE TERMS OF SALE
 
Melvita reserves the right to modify at any time the content or characteristics of these Terms and Conditions. Each order leads to the acceptance of the General Conditions of Sale in their current version.
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions will remain full force and effect.

INTELLECTUAL PROPERTY

The group companies that own Melvita own all intellectual and industrial property rights relating to websites and brands Melvita or hold usage rights pertaining thereto.
Access to this website gives you no right to the intellectual property rights relating to the Website which remain the exclusive property of the companies of the Group Melvita belongs.
 
The general structure of the Site, and the items available on the Site, such as text, photographs, animated images, icons, maps, sounds, videos, software, databases, data, and all other components of the Site are the exclusive property of the group companies that own Melvita.
 
You cannot, under any circumstances, reproduce, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Site without prior written permission of the group companies that owns Melvita. You are informed that this prohibition is particularly, but not exclusively, valid for practices such as scrapping or the use of robots for extraction or reproduction of any portion of the Site, including product offerings that are presented including for commercial purposes.
 
You're not allowed to insert into a frame or utilize framing techniques ( "framing" ) to insert a trademark, logo or any other information (including images, text, page layout, or form) belongs to the group to which Melvita without prior express written consent. You may not use any meta tags or any other "hidden text" using the name or trademarks in the group to which Melvita part without prior express written consent.
 
The operation not previously authorized by the group to which Melvita belongs in any capacity whatsoever, all or part of the Site may be subject to appropriate action, including an action for infringement.
The inclusion of hyperlinks to any part of the Site is prohibited without prior written consent of the group to which Melvita belongs.
 

YOUR OPInion about our products

Melvita is committed to publish the opinions given on the Site subject to compliance with the following criteria moderation: Melvita reserves the right not to publish such incomprehensible messages, outrageous, defamatory, harassing, racist, or unrelated the products concerned. Furthermore, Melvita reserves the right to change the length, spelling or certain terms testimonies sake of moderation or to improve editorial consistency of the Site.
 
People posting a message give to Melvita, for the legal term of copyright rights, the right to reproduce, publish, translate and distribute their testimony on all Melvita media worldwide.
In the case that your testimony is not published, we will endeavor to get back to you for how best to satisfy you. Thank you for taking the time to share your experience with other consumers Melvita.
Free standard delivery when you spend €59 or more
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