General Conditions of Sale applicable to orders placed on the Melchior & Balthazar online sales site by end consumers.
SARL M et B (hereinafter referred to as "Melchior & Balthazar") markets Melchior & Balthazar cosmetic products (hereinafter referred to as "Products").
Melchior & Balthazar wanted to set up, in addition to the points of sale in which the Products are sold, its own online sales site. Melchior & Balthazar sells the products on its website only at retail and to end consumers. Any order clearly not corresponding to a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by Melchior & Balthazar as null and void.
"Customer (s)" means the internet user (s) browsing the Site and making an online purchase of Product (s) for personal use.
"General Conditions of Sale" or "GTC" means these General Conditions of Sale of Products on the Site.
"Parties (s)" alternatively or collectively means Melchior & Balthazar and / or the Client (s).
"Product (s)" means the perfume and cosmetic products of the registered trademark Melchior & Balthazar offered for sale on the Site under the conditions of article 3 below.
"Site" means the Melchior & Balthazar e-commerce website accessible via the Internet at the following address: www.melchior-balthazar.com offering the Products for sale.
2. IDENTITY OF THE COMPANY
SARL M and B
With capital of € 23.520,00
Whose head office is located at 17, rue de la cavée - 50 180 AGNEAUX - France
Registered with the Coutances RCS under the number 751 302 571
Telephone: 00 33 (0) 695 125 060 or 00 33 (0) 695 058 430
VAT: FR 11 751 302 571
3. SUBJECT: SCOPE OF THE GENERAL CONDITIONS OF SALE
The purpose of these General Conditions of Sale is to define the terms of online sale of Products by Melchior & Balthazar to Customers, as well as the rights and obligations of the Parties arising from the online sale of Products offered on the Site.
The General Conditions of Sale are made available to Customers on the Site.
They determine all the stages necessary for placing the order and ensure the follow-up of this order between the Parties.
By ordering a Product on the Site, the Customer acknowledges by checking a box provided for this purpose having read the General Conditions of Sale in force on the day of the order before placing the order and having accepted them without restriction, this acceptance is in no way conditioned by a handwritten signature on the part of the Client.
It is specified that the Customer can save or print these General Conditions of Sale.
Melchior & Balthazar reserves the right to update the General Conditions of Sale at any time. In case of modification of the GTC, the applicable GTC are those in force on the date of the order.
The General Conditions of Sale apply to any online sale made on the Site to the exclusion of any other document, and in particular the conditions applicable for sales in stores or through other distribution and marketing channels.
4.1. Product Description
The Products offered for sale by Melchior & Balthazar are those which appear on the Site, on the day of consultation of the Site by the Customer, and within the limits of available stocks. Melchior & Balthazar reserves the right to withdraw Products from sale at any time.
Melchior & Balthazar takes great care in presenting the Products on the Site in order to meet the requirements of article L.111-1 of the consumer code. However, the photographs illustrating the Products are for information only and do not enter into the contractual field.
Indeed, if all efforts are made to ensure that the colors of the Products, whose photos are displayed on the Site, are faithful to the original products, variations may occur; in particular due to the technical limitations of color rendering of computer equipment. Consequently, Melchior & Balthazar cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.
For any question relating to the purchase of the Products and their use, or request for advice, the buyer can contact Melchior & Balthazar Customer Service:
by email to the address email@example.com ou
by phone on 00 33 (0) 695 125 060 or 00 33 (0) 695 058 430 from 9 a.m. to 19 p.m.
4.2. Availability of Products
The Products are offered within the limits of available stocks. Melchior & Balthazar does not guarantee the availability of the Products presented on the Site. If one of the Products is unavailable, the Customer will be informed by viewing the Availability status.
Product prices are firm. They are indicated in euros. The current rate is that indicated on the Site, except for typographical errors.
These prices take into account the VAT applicable on the day of the order but do not include the packaging and delivery costs which will be invoiced in addition and will be specified to the Customer during the final validation of his order.
The amount of the shipping costs will be indicated before the recording of the order by the buyer. The different shipping methods are provided below in the General Conditions of Sale and may be modified at any time by Melchior & Balthazar.
The price invoiced to the Customer is the price indicated on the order confirmation, displayed on the Site during the order confirmation and sent by email by Melchior & Balthazar.
Melchior & Balthazar reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than to carry the modifications on the Site. These changes will not, however, affect orders that Melchior & Balthazar has accepted before the entry into force of these changes, subject to the availability of the Products ordered.
6. RETENTION OF TITLE
The Products ordered remain the property of Melchior & Balthazar until full payment of their price by Melchior & Balthazar. On the other hand, on the effective date of delivery, the risks (in particular of loss, theft or deterioration) concerning the Products delivered are assumed by the Customer.
7. ORDERING TERMS
7.1. Navigation within the Site
The Customer can read the different Products offered for sale by Melchior & Balthazar on the Site. The Customer can navigate freely on the different pages of the Site, without being bound by an order.
7.2. Recording of the order
It is specified that the Products are intended for the personal use of the Customer, without any direct relation to the professional activity of the latter. As such, the Customer's attention is particularly drawn to the fact that it cannot order more than ten (10) Products of the same reference per month.
In the event of an order greater than the aforementioned number, the order will be considered void and will not be taken into account.
To place an order on the Site, the Customer must be of full age, have legal capacity and hold a bank card or a Paypal account
In order to place an order, the Customer can choose:
- either create an account on the Site by completing a form, certain fields of which are compulsory for the consideration of his order;
or enter his email and password if he has already created an account.
- be paid as a guest without creating an account
If the Customer wishes to place an order, he will choose the various Products which he wishes to purchase by clicking on the "Buy now" button and if necessary specify the quantities desired.
After having filled his virtual basket, the Customer clicks on the "Continue payment" button and provides the information relating to the delivery and the method of payment.
7.3. Delivery territory eligible for an order
The Customer may place an order for Products with a view to a given Territory. In certain territories, it is possible that the Products are subject to customs duties which must be paid before taking possession of the Product. Melchior & Balthazar is in no way responsible for disputes that may arise with the competent authorities of the given territory.
7.4. Final validation of the order
To definitively validate his order, the Customer must check the box opposite the message "By validating your order, you proceed to payment and accept the General Conditions of Sale" to definitively confirm his order after having chosen the method of payment offered on the same page.
Any order therefore implies acceptance of these General Conditions of Sale.
In addition, to confirm the order definitively, the Customer must click on the "Place order" button.
Before clicking on the "Place order" button, the Customer has the possibility of:
- check the details of his order and its total price;
- return to the previous pages to correct any errors made in entering the data or modify the order.
From the moment the Customer confirms his order by clicking on the "Place the order" icon, the Customer can no longer cancel or modify his order.
However, upon receipt of the order, the Customer may exercise their right of withdrawal under the conditions provided for in article 12 of these General Conditions of Sale.
Following the validation of the payment by the Customer, a confirmation of the acceptance of the order will be sent by email to the Customer by Melchior & Balthazar.
The sale will be considered as definitively formed only after the validation of the payment by the Customer and the reception by the Customer of the confirmation email of the acceptance of the order by Melchior & Balthazar.
The validation of the payment by the Customer and the confirmation email of the acceptance of the order by Melchior & Balthazar will constitute proof of the acceptance of the said order and its final validation. These elements will be valid due of the sums engaged by the seizure of the Products appearing on the order.
7.5. Order refusal
Melchior & Balthazar reserves the right to refuse any order in the event of:
- exceeding the order limits indicated in article 7.2 hereof;
- existing litigation with the Client;
- total or partial non-payment of a previous order by the Customer;
- refusal to authorize payment by bank card from the payment providers Sogenactif or Paypal used by Melchior & Balthazar to detect fraud with the bank card;
- abnormal nature of the latter, in particular in the case of an order for quantities and / or amounts unusual for an end consumer.
8. ARCHIVING AND PROOF OF THE CONTRACT
The Customer accepts that the exchanges between the Parties will be by email.
The retention on Melchior & Balthazar's computer systems of the order, the confirmation of acceptance of the order and any exchange between the Parties will be considered as proof of the sales contract.
The computerized registers kept in the computer systems of Melchior & Balthazar and its partners will be considered as proof of communications, orders and payments made between the Parties.
Unless the server is unavailable, the Customer will pay for his order after final validation of it on the Site, by Credit Card (Carte Bleue, Visa, Mastercard and American Express exclusively) or through a Paypal account. The Customer will enter his card number, its expiry date, the name of the card holder and the visual cryptogram (the last three or four numbers written on the back of his bank card) or indicate his email as well than his Paypal password.
Payment is made via the secure server, Stripe, secure payment operator or Paypal. This implies that no banking information concerning the Client passes through the Site. Payment by credit card or Paypal account is therefore completely secure.
All orders are payable in euros, all taxes and compulsory contributions included.
The bank card is debited when the order is shipped.
Payments by check are not accepted.
The Customer guarantees to Melchior & Balthazar that he has the necessary authorizations to use the method of payment chosen at the time of validation of the order. If the bank refuses, the order will be automatically canceled.
Purchase invoices will be sent by email to the email address indicated by the Customer when registering his order on the Melchior & Balthazar website.
In the context of the fight against fraud on the Internet, the information relating to orders is controlled by the payment partners designated by Melchior & Balthazar: Sogenactif and Paypal, secure payment operators.
Information related to orders is subject to automated data processing. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against fraud with means of payment and in particular against fraud against
10.1. Refusal of delivery
Melchior & Balthazar reserves the right to refuse any delivery in the cases provided for in article 7.5.
10.2. Delivery address
The Products ordered by the Customer in accordance with these General Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address when ordering.
Deliveries will always be excluded for which the delivery address entered on the Site will be that:
- a hotel or other accommodation;
- one remaining post;
- a post office box;
- a non-fixed address or domicile (that is to say, and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciliations) or in a collective place where an address individual cannot be clearly and permanently attributed to a natural or legal person.
10.3. Delivery times / Delivery cost
The delivery time and cost depend on the delivery method chosen by the Customer when ordering.
The delivery period begins to run from the sending of the order confirmation email.
For any delivery, the products are delivered by Colissimo or Chronopost and the amount of the delivery costs is calculated on a lump sum basis as follows:
- The cost of delivery of an order of an amount lower than one hundred and fifty (150) Euros including tax is calculated according to the mass of all the products ordered.
Beyond an amount of one hundred and fifty (150) Euros, the order is sent free of charge as standard to the Customer.
The maximum delivery time of the order is 10 working days for France. It is 30 days for the rest of the world.
Each sending package contains a Delivery Note stating the possible terms and conditions for returning the Products received.
11. RECEIPT OF PRODUCTS
On delivery of the Products, the Customer must verify the conformity and the condition of the packaging of the Product as well as the conformity of the Product.
11.1. Delivery anomaly and damage
In the event of deterioration or partial loss of the product, the Customer must imperatively formulate upon receipt of the reservations which must be entered on the delivery receipt presented by the carrier then communicated by email or telephone to the attention of Melchior & Balthazar.
Any anomaly concerning the delivery (missing articles compared to the invoice of Melchior & Balthazar, delay in delivery etc.) must be subject to reservations notified by email to the following address: firstname.lastname@example.org in order to improve the quality of service that may be offered to it and allow Melchior & Balthazar to carry out an investigation.
In the event that the Customer has reported a missing product or a delay in delivery, an investigation with the carrier will be implemented.
- If the product is found, the product may be redirected to the place of delivery designated in the order form.
- If 7 days after the indicated delivery date, the ordered product has not been delivered, for any reason other than a case of force majeure, the sale may be canceled at the request of the Customer within a maximum period of 60 days after the maximum period indicated for the delivery of the products has been exceeded, by registered letter with acknowledgment of receipt to the following address:
Melchior & Balthazar
17, rue de la cavée
The sales contract will be considered terminated upon receipt by Melchior & Balthazar of the Customer's letter informing him of his decision.
In such a case, all of the sums paid by the Customer will then be returned to him in the form of a refund as soon as possible and at the latest within thirty days of the date on which he exercised his right to have his ordered.
11.2. Product lack of conformity
In the event of a lack of conformity of a delivered Product, the Customer may return to Melchior & Balthazar the Product showing the lack of conformity, in its original state, imperatively covered with original labels and accompanied by the original packaging and of the delivery note. Otherwise, Melchior & Balthazar will neither exchange nor reimburse the defective Product returned.
In the event that the return of the defective Product is well founded, Melchior & Balthazar will reimburse the defective Product and delivery costs, excluding any compensation.
In no case may restitution, exchange or reimbursement be requested and / or made in store.
With the exception of the above hypotheses, no product exchange is authorized.
12. RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of article L.121-20 of the Consumer Code and applicable community law, the Customer has a period of fourteen (14) days, from the receipt of the Products ordered on the Site, to notify Melchior & Balthazar of its intention to exercise its right of withdrawal. As from the exercise of this right, the Customer has a further period of fourteen (14) days to return, at his expense, the Product (s) he has ordered if it ( those) do not give him (s) satisfaction, and to cancel his order.
However, in accordance with the provisions of article L.121-20-2 of the Consumer Code, this right of withdrawal is not applicable for the Product (s) made up according to the specifications of the Customer or personalized (s) (in particular engraved products)
The Product (s) must (must) be returned in its (their) packaging and its (their) original unopened packaging and allowing re-marketing in new condition, following the procedure described on the delivery note attached to the sending parcel. The return of the Products must be imperatively accompanied by the return slip present within the duly completed parcel, in particular with the return number obtained by telephone from Customer Service
All packages must be returned to the following address:
Melchior & Balthazar
17, rue de la cavée
Return costs are the responsibility of the Customer, except in the event of non-conformity of the products delivered in relation to the Order (in this case, return costs are borne by Melchior & Balthazar). Melchior & Balthazar does not accept postage due packages.
Any risk related to the return of the product (s) is the responsibility of the Customer. Melchior & Balthazar recommends that its Customers subscribe to a package tracking option in order to avoid any inconvenience in the event of loss or theft of the Products during return transport.
If the above conditions are met, Melchior & Balthazar will reimburse the Customer by the same means of payment as that initially used, all of the sums incurred when ordering the Products returned with the exception of return costs, in a maximum period of fourteen (14) days from receipt of the return slip, or at the latest from the most recent of the following dates: either on the day on which Melchior & Balthazar receives the returned products, or from the day where the Customer provides proof of shipment of the goods for which he has exercised his right of withdrawal.
In the event of a partial return of Products, only the price of the returned Products will be reimbursed by Melchior & Balthazar and not the delivery costs, insofar as the Customer has benefited from the delivery service for the items kept and that the delivery prices n '' do not change depending on the volume ordered.
13. LEGAL WARRANTY
All Products sold by Melchior & Balthazar benefit from the legal guarantee of conformity provided for in articles L211-4 to L211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under this guarantee, the Customer has the choice to return the Product and to be reimbursed for all costs occasioned by the sale (delivery costs and return costs included) by Melchior & Balthazar.
Reminder of articles L-211-4, L 211-5 and L 211-12 of the Consumer Code and articles 1641 and 1648, first paragraph of the Civil Code:
- Article L 211-4 of the Consumer Code: “the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to faults resulting from packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility ”
- Article L 211-5 of the Consumer Code: "To comply with the contract, the product must:
1. Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, especially in advertising or labeling.
2. have the characteristics defined by mutual agreement by the parties or be suitable for any use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L211-12: "The action resulting from the lack of conformity lapses two years after delivery of the goods".
- Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended or which so diminishes this use that the buyer would not have it not acquired, or would have given a lesser price if he had known them. "
- Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
Melchior & Balthazar is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability for their needs and consumption of the items they order.
Melchior & Balthazar cannot be held liable for the use of the Products that is not in accordance with their destination.
It is recalled that the Customer, prior to his order, declares to have full legal capacity, allowing him to commit under these General Conditions of Sale. Melchior & Balthazar cannot in any case be required to verify the legal capacity of its visitors and buyers. Consequently, if a person without legal capacity ordered items on the Site, their legal representatives would assume full responsibility for this Order and should in particular honor the price.
Melchior & Balthazar does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error. In particular, Melchior & Balthazar cannot be held responsible:
- interruptions or delays recorded on the Site due to technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, regardless of its will;
- the impossibility of the Customer or to temporarily access the Site, due to facts beyond his control, such as cases of computer breakdown, interruption of the telephone network, the Internet network or failure of the equipment for receiving the internet client.
Melchior & Balthazar cannot be held responsible for (i) loss, alteration or fraudulent access to the Customer's personal data, (ii) accidental transmission, viruses or other harmful elements, resulting from Internet access or email transmissions.
Without limiting the scope of the other provisions of the General Conditions of Sale, the responsibility of Melchior & Balthazar can only be retained in the event of proven fault being exclusively attributable to it. In any event, it will be limited to direct damage only.
Melchior & Balthazar reserves the right to suspend the operation of the Site.
15. CLAIMS - INFORMATION
For any information, complaint or question relating to the conditions of sale by correspondence set up by Melchior & Balthazar or to the articles themselves, Customers should contact Melchior & Balthazar customer service by telephone: 00 33 (0) 695 125 060 or 00 33 (0) 695 058 430, by post or email to email@example.com by recalling their order number.
16. PROVISION OF THE LAW “COMPUTERS AND FREEDOMS”
In accordance with the provisions of the Data-processing Law and Freedoms of January 6, 1978, Melchior and Balthazar proceeded to the declaration of the file including / understanding nominative data relating to the Client of the Site with the National Commission Data-processing and Freedoms
(Declaration No. 1662709).
Under this law, the customer has a right of access, rectification or opposition to the nominative innates collected concerning him. These rights can be exercised by mail or email to the following address: firstname.lastname@example.org
17. FORCE MAJEURE
Melchior & Balthazar cannot be held responsible for the total or partial non-performance of its obligations, if this non-performance is due to the fortuitous event or the occurrence of a constitutive element of force majeure such as in particular, and without this list is exhaustive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lockout. These events constitute a cause for suspension and / or termination of Melchior & Balthazar's obligations towards the Client, without compensation for the benefit of the Client.
18. INTELLECTUAL PROPERTY
The intellectual property rights attached to the Brand and to the Products sold on the Site are and remain the exclusive property of Melchior & Balthazar. All exploitation rights are exclusively reserved for him. Under these conditions, no one is authorized to reproduce, exploit, distribute or use for any reason whatsoever, even partially, the intellectual property rights, without the prior written consent of Melchior & Balthazar. The brands and logos of Melchior & Balthazar are registered trademarks. Any reproduction therefore constitutes an infringement.
19. ENTIRE AGREEMENT
The General Conditions of Sale, the order summary sent to the Customer and the order confirmation email form a contractual whole and constitute the entire contractual relationship between the Parties. They constitute the only contractual documents opposable to the Parties, to the exclusion of any other document or photograph of the Products which have only an indicative value.
Melchior & Balthazar provides the contractual documents so as to allow their conservation and reproduction by the Customer, in accordance with article 1369-4 of the Civil Code.
20. APPLICABLE LAW - DISPUTES
These General Conditions of Sale and the contractual relations between Melchior & Balthazar and the Customer are governed by French law. Any dispute arising from the application or interpretation of the General Conditions of Sale falls, in the absence of an amicable agreement, within the jurisdiction of the court of the place of domicile of the defendant or that of the place of actual delivery of the Product.