GENERAL CONDITIONS OF SALE / Sales terms

1.Object

Terms of Trade are intended, firstly, at informing any potential buyer of the terms and conditions under which the seller (hereafter named "MELLIFICA B SASU" or "the seller") proceeds with the sale and delivery of the products ordered and, secondly, at defining the rights and obligations of the parties in the context of the sale of products by MELLIFICA B SASU to the consumer (above and hereafter named MELLIFICA B "the Buyer", "The Customer" or "the User"). They apply, without restriction or reservation, to all sales of the products offered by MELLIFICA B SASU on its website (hereafter named the "Site" or "the Website").

Consequently, the fact for the Buyer to order a product offered for sale on the Website of MELLIFICA B SASU implies full acceptance of these Terms of Trade which the Buyer acknowledges having read before ordering.

MELLIFICA B SASU reserves the right to modify these Terms of Trade at any time, without notifying the buyer. However, Terms of Trade applicable to the order are those accepted by the Buyer before ordering.

2.Contract and Legal Notice

The purchase contract is concluded with MELLIFICA B SASU under the trade name MELLIFICA B.

MELLIFICA B SASU to the capital of 1 000€, 4 Avenue Damilaville – 76790 Etretat Registered with the commercial court of Le Havre :

Register of Commerce Number : RCS 881 348 189

VAT number : FR52881348189

Web Host : o2switch

Publication manager: Marie-Laure BORIE

By placing products in our online store, we abide by the following Terms of Trade for any order that will be made on our Site, and this from the moment the user clicks on icone to order. They will receive a confirmation email afterwards. A contract between the two parties (The Website and the User) will therefore be concluded beforehand as follows:

  • If you have chosen to pay by credit card, the contract will be concluded when you are debited.
  • If another payment provider is chosen, the contract is concluded as soon as your payment has been transferred to the service provider.

3.Site information and accessibility

www.mellificab.fr is an electronic commerce site which belongs to and is managed by MELLIFICA B SASU. The Site is open to all internet users, in principle accessible 24 hours a day, 7 days a week, except interruption, schedulded or not by MELLIFICA B or its service providers, for the purpose of maintenance and / or security or force majeure MELLIFICA B cannot be held liebled for any damage, whatever the nature, resulting from the unavailability of the Site. MELLIFICA B reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions for the provision of services, substantially and negatively, the Customer can be informed of the changes which have occurred but their acceptance is not requested.

By registering on the Site, the Client guarantees to MELLIFICA B that they have the legal capacity to contract. MELLIFICA B can delete the Client Account at any time, for any reason, at its sole discretion.

4.Products

4.1. Product description

The products sold by MELLIFICA B are those which appear on the Site, on the day of consultation of the Site by the Buyer and within the limits of available stocks. MELLIFICA B reserves the right to withdraw products from the sale at any time. Before any order, you can consult the characteristics of the products sold on the MELLIFICA B website. On the Website, prices may vary by country, delivery method and type of product.

4.2. Product availability

(1) The products are offered within the limits of available stocks. MELLIFICA B cannot guarantee the availability of the products presented on the site. If one of the products is unavailable, the buyer will be informed at the earliest by email or telephone of the unavailability of the products and the cancellation of their order.

In case of order cancellation, do to unavailability, the buyer's order will be automatically cancelled and their bank account will not be debited. If the product is not available and the customer's account has already been debited, MELLIFICA B will refund the amount on the account debited as soon as possible. MELLIFICA B cannot be held lieble in case of cancellation of an order due to stock shortage.

(2) MELLIFICA B is entitled to terminate the contract binding the Seller to the Buyer from the moment the buyer does not receive the ordered goods, or should any problem arise from a delivery error, and this, despite the prior conclusion of the agreement between the two parties. MELLIFICA B is required to inform the customer of the unavailability of the service as soon as possible. Any amount already paid by the Buyer will be refunded immediately after order cancellation.

(3) In case of stock unavaibility, MELLIFICA B also reserves the right to establish customer waiting lists for the delivery of its products. In that case, the buyer's will be debitedt at the time of the order pending delivered ; Once back in stock, the ordered product will then be send to the buyer, according to their ranking in the waiting list. The indicated waiting times before restocking are indicative and not contractuel. Once the order is placed and the buyer registered on the waiting list, the order cannot be cancelled. The order can be refunded upon receipt, according to the present terms of return and refund.

5.Prices

Product prices are indicated in euro (€) on the MELLIFICA B website. During the final validation of the order, the price takes into account the applicable VAT and shipping cost. MELLIFICA B is free to modify the shipping costs at any time before the completion of the order by the Buyer.

6.Orders

By confirming the payment of the order, the Buyer unconditionnaly accepts Terms of Trade of MELLIFICA B, as well as the privacy policy.

(1) Any product that the Buyer wishes to add to the order must be added to the basket, by clicking on "Add". A detailed summary of the items will be presented before proceeding to payment.

(2) Any order on the MELLIFICA B Website requires information from the Buyer in order to be able to deliver the goods and make payment. When placing a first order, MELLIFICA B sends an account creation confirmation by email to the Buyer.

(3) In order to continue the purchase, the Buyer must inform and verify the invoice and delivery address as well as the method of payment. Upon payment validation, an e-mail confirmation will be sent to the email address provided beforehand. It is recommended that the Buyer keep this document.

(4) It is possible that the Customer receives an item previoulsly returned . MELLIFICA B can only accept the return of unopened and unsealed products, these two conditions being checked before restocking again the returned products.

(5) Any loyalty sheme or discount program may be decided by MELLIFICA B at their own discretion.

7.Shipping and handling costs

7.1. Delivery

Shipping and delivery are under the sole responsibility of the buyer, even in case of occasionnal free shipping. .

MELLIFICA B delivers Orders within a maximum period of principle of 14 (fourteen) working days for delivery in mainland France and 20 (twenty) working days for International Delivery (Europe), this period being counted from the day after the validation of the Order. During certain periods of the year, the delivery time can be increased by 10 (dix) days, given the volume of orders. So that these deadlines can be respected, the Customer must ensure that they has communicated exact and complete information concerning the Delivery address. MELLIFICA B cannot be held responsible for delay in delivery which is not due to itself or is justified by a case of force majeure.

In the event of failure by the Seller to fulfill its obligation to deliver the Product at the end of the deadline or, failing that, and at the latest within thirty days after the conclusion of the contract, the Customer can terminate the contract, by registered letter with request for acknowledgment of receipt addressed to the registered office of the Seller (Customer service), and, after enjoining, in the same way, MELLIFICA B to deliver within a reasonable additional time, the latter is not executed within this period.
The contract is considered to have been resolved on receipt by MELLIFICA B of the Customer's registered letter informing of this resolution., unless MELLIFICA B has been executed in the meantime.
In the event of termination of the contract, the sums paid by the Customer will then be returned to him at the latest within thirty (30) days following the date of termination of the contract, excluding any compensation or deduction. This clause is not intended to apply if the failure to deliver or the delay in delivery is due to a case of force majeure within the meaning of these GTC. In such cases, the Customer undertakes not to prosecute against MELLIFICA B and waives taking advantage of the resolution of the sale provided for in this article.

7.2. Shipping costs

Shipping costs are indicated before payment of the order. In some countries outside the European Union, it is possible that the Buyer may be subject to additional customs and shipping costs.. MELLIFICA B will not be held responsible for the payment of these additional costs and considers that it is the responsibility of the consumer to inquire about the customs costs of the country in which he is located. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, related costs will be subject to additional specific invoicing.

7.3. Transport and damage

MELLIFICA B cannot be held responsible for delay in delivery which is not due to itself or is justified by a case of force majeure.

If the goods are delivered with obvious transport damage, the Buyer must inform the delivery company immediately and get in touch with MELLIFICA B customer service immediately so that the latter can process complaints as soon as possible. Any complaints concerning damage related to delivery made after the delivery day cannot be taken into account by MELLIFICA B.

7.4. Delivery terms

Delivery is made to the delivery address indicated by the Customer, being specified that this must be the address of residence of the Customer, of a person of their choice or of a legal person (delivery to their business). Delivery cannot be made to PO boxes. The Customer must ensure the accuracy and completeness of the data they provide. The Customer is obliged to always update their personal information. In the event of an error in the recipient's contact details, MELLIFICA B cannot be held responsible for the impossibility of delivering Products. In case of return of the goods to the address of MELLIFICA B no re-shipment can be made and the Customer will be reimbursed within a reasonable period of time from the receipt of the goods.

8.Payment Terms

The price is payable, in full at the moment the Customer places the order, by secure payment, as follow :
– by credit cards : Visa, MasterCard and others except by American Express card-

-By Paypal

– Bank transfer, swift, international money order : please contact us to ask for the bank details

The bank data are secured by the financial institution ensuring the transaction.
The amount paid when placing the order can not be termed as a deposit and generate interest in the event of exchange or return of the Products.

9.Right of withdrawal, refund and return of goods

9.1. Right to retract

The Buyer exercising their right of withdrawal under the conditions provided for in this article (9.1.1) in terms of time and terms of product return, may obtain a refund corresponding to the amount of products returned. If the buyer wishes to exchange his order, They must refund their order, then return to the site to place a new order.

9.1.1. Terms of return of the goods

(1) Return costs are the responsibility of the Buyer. The Buyer has a maximum of 14 (14) days from receipt of the order to persue their legal right, respecting the conditions of returns.

(2) The products must imperatively be returned to MELLIFICA B in a mint condition suitable for restocking (products in perfect condition accompanied by their original packaging, accessories, notice…), except in the case of damaged delivery by post. Only unused products sold on the MELLIFICA B Site can be returned and refunded. If the product sold on the MELLIFICA B Site has been used by the Buyer, then the product cannot be refunded. MELLIFICA B inspects the goods returned by the buyer to ensure that they comply with these return conditions before proceeding to the refund. If a used product or undelivered merchandise is returned to MELLIFICA B by the buyer, failing to be refunded, this product or merchandise may be returned to the buyer, at their own expense and at their request.

(3) The Buyer must return the goods to the address indicated by customer service. The procedure is explained to each buyer who requests it via the contact form.

9.2. Commercial warranty

The Buyer has a maximum of 14 (fourteen) days to operate this warranty from receipt of the package. They must respect the above terms in terms of reimbursement and return of the goods.

Abuse of the commercial warranty is prohibited. In addition, repetitive returns are prohibited. The Buyer is entitled to one return and one refund per order. Each order can only contain one product.

10.Property clause

MELLIFICA B retains full ownership of the products sold until full payment is received, that is the product, costs, taxes and any other expense included.

11.Intellectual property

The MELLIFICA B website and everything on it (images, logos, videos, texts…) are the exclusive property of MELLIFICA B. Any reproduction partial or full is prohibited without prior consent.

12.The buyer's obligations

Following product purchase, MELLIFICA B offers the Purchaser the possibility of posting photos of its product or photos involving the use of their product on social networks. The Buyer authorizes MELLIFICA B to reproduce and distribute this public content on the MELLIFICA B website and social networks. MELLIFICA B is not responsible for the messages ans posts of the purchaser accompanying the publications of MELLIFICA B's content on social networks. The buyer nevertheless ensures that the content they post is in accordance with the law, and in particular that no statement can be considered illegal, discriminanting, racist or violent.

13.Legal guarantees and limitation of liability

The responsibility of MELLIFICA B in respect of any Product purchased on the Site is strictly limited to the purchase price of the latter. MELLIFICA B will in no case be responsible for any economic and commercial problem resulting from the supply of the product. The documents, Product descriptions and information on the Site are not covered by any warranty, explicit or implicit, with the exception of the guarantees provided by law.

MELLIFICA B does not provide any guarantee regarding any damage that could be caused by the transmission of a computer virus or any other form of programming routine designed to damage, destroy or otherwise impair functionality of a computer or interfere with its proper functioning, including any transmission resulting from a download of any content made by the Customer, software used by it to download content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other device in order to protect them against any bug, viruses or other such programming routines that are harmful. The Customer acknowledges assuming all the risks linked to any content downloaded or obtained in any other way through the use of the Site and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from the download of this content.

MELLIFICA B is required to deliver Products that comply with contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met :

  • they must comply with the description and have the characteristics set out on the Site ;
  • they must be adapted for the purposes for which products of this kind are generally designed ;
  • they must meet the quality and strength criteria which are generally accepted for products of the same kind and which can reasonably be expected.

In addition, MELLIFICA B guarantees consumers of conformity defects and hidden defects for the Products sold on the Site under the following conditions :

Apparent defect

The presence of an apparent defect on a Product must give rise to complaints by contact form or email (contact@mellificab.fr) within three working days of Delivery. Any complaint must detail the defect. otherwise, no claim will be admissible and no return or exchange will be possible. The item must be returned, in its original packaging, in its orignal condition, new, not used, with the references of the Initial Order and copy of the complaint at the registered to MELLIFICA B, after sending an email. Cases of apparent defect confirmed by MELLIFICA B lead to, depending on the content of the Customer's complaint, a refund to the Customer, either to replace the item, or simply refund in full within 14 (fourteen) days. In case of non-compliance with the return procedure, no exchange or refund will be possible.

Non-compliance - Hidden defects

Subject to validation of a non-conformity or a hidden defect by MELLIFICA B or the manufacturer as the case may be, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.

The legal guarantee of conformity applies independently of the commercial guarantee; The warranty for hidden defects allows the Customer to be protected against hidden defects in the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it. In order to implement these guarantees, the Product must be returned, in its original packaging, in its orignal condition, new, not used, with the references of the Initial Order and copy of the complaint at the registered to MELLIFICA B, after sending an email indicating the reason for the return of the Product.

Force Majeure

In the event of an event of force majeure preventing the execution of these Terms of Trade, MELLIFICA B informs the Customer thereof within 15 (fifteen) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-out, riot, boycotts or other industrial actions or commercial disputes, trouble civil, insurrection, war, weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, telecommunications blocking, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than 3 (three)month, the transaction concerned may be terminated at the request of MELLIFICA B or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by force majeure.

14.Applicable right – Language

These T & Cs and the operations arising therefrom are subject to French law. In the event of a dispute concerning their validity, their execution or interpretation, the parties will first try to find an amicable solution. In the event of a settlement failure, attribution of jurisdiction is made to the competent courts of Le Havre. They are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute or in the event of a contradiction between the French version and the foreign version of the General sales Terms.

15.Modification of the General Sale Terms

Given the possible developments of the website www.mellificab.fr as well as the Products offered, MELLIFICA B reserves the right to adapt or modify these General Sales Terms at will. The new General Sales Terms will apply only to transaction's made after the modification..