Terms and conditions
This site melahuac-cosmetics.com is published by the company MELAHUAC SAS with capital of 2,000 euros whose head office is 11 rue Pixérécourt, 75020 under the number 8939798071 (NAF code 2042Z).
The general conditions of sale described below detail the rights and obligations of MELAHUAC and its customer in the context of the sale of the following goods (or services):
ARTICLE 1: General framework, acceptance and scope of application
Any order for goods on our website or in a partner store implies unreserved acceptance by the buyer and full and complete adherence to these general conditions of sale which take precedence over any other document from the buyer, unless conditions are negotiated between the parts.
Buyer capacity
The Customer who purchases on the site declares to be legally capable of committing to these general conditions of sale.
Prices and presentation of articles
All prices presented on the site are inclusive of all taxes. Product prices are indicated in euros. MELAHUAC reserves the right to modify its prices without notice and the prices applied to the Customer correspond to those displayed on the site at the time of their order. The goods remain the full property of MELAHUAC until receipt of the total amount due paid by the Customer.
ARTICLE 2: Order taking
2.1: Order validation
Any order, to be valid, must be made on the website and confirmed by payment for the basket on the site, by the customer. The basket, serving as a purchase order until validation, will specify the references of the goods ordered, their nature, their quantity, delivery time and payment terms. MELAHUAC undertakes to honor orders received, only within the limits of available stocks.
2.2: Refusal of order
MELAHUAC reserves the right to refuse an order if the customer already has a dispute with MELAHUAC, or if orders placed remain unpaid, or if the country of destination is not one of the countries to which MELAHUAC can send products (outside the European Union). ).
ARTICLE 3: Delivery
3.1: Delivery times
All orders placed are shipped within 3 days, excluding Saturday, Sunday and public holidays.
Delivery times are given for informational and indicative purposes only, these depending in particular on the availability of MELAHUAC service providers. Delays in deliveries cannot give rise to any penalty or compensation, nor justify the cancellation of the order.
The Customer has the choice between several delivery methods: Colissimo or Point Relais.
However, if one month after the indicative delivery date, the goods have not been delivered, for any reason other than a case of force majeure, the sale may then be canceled automatically at the request of one or the other party, by registered mail with acknowledgment of receipt.
3.2: DOM-TOM and international delivery
All orders placed are shipped within 3 days, excluding Saturday, Sunday and public holidays.
The Customer has the choice between several delivery methods: Colissimo or Point Relais, the costs and delivery times of which vary. Shipping costs are free from 45€ spent for delivery in the French Overseas Territories and Europe.
3.3: Risks
The transfer of risks on the goods sold by MELAHUAC takes place upon delivery of the goods to the carrier or upon leaving our premises.
As a result, the goods travel at the risk of the buyer, who is responsible, in the event of damage, loss or shortage, of making any reservations or exercising any recourse to the responsible carriers, in accordance with the Article L.133-3 of the Commercial Code (Note: not applicable to international transport).
3.4: Claims upon receipt
Complaints regarding the non-conformity of the goods delivered to the goods ordered must be made by registered letter with acknowledgment of receipt or letter delivered by hand against discharge, regardless of the seller's failure.
ARTICLE 4: Return of goods
The consumer has a right of return of fourteen days from receipt of his order to return any item that does not suit him and request an exchange or refund with the exception of return costs which remain his responsibility. The products to be returned must be in their original condition and ready to be marketed again.
In accordance with article L.121-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons hygiene or health protection. This exception only applies to sealed cosmetic products.
Any goods returned to MELAHUAC in contradiction with article L.121-28 of the Consumer Code will be returned to the Customer at the Customer's expense without the Customer being able to demand anything. Any exception must be exclusively justified and confirmed by MELAHUAC. Any refund must be made after our customer service, and in the event of withdrawal, MELAHUAC will refund all payments received according to the payment method used. The refund will be effective once the order to be returned is validated by MELAHUAC.
ARTICLE 5: Billing
Any purchase of goods and services will be subject to invoicing which will be issued upon completion of the sale, in accordance with the provisions of article L.441-3 of the Commercial Code, sent by e-mail to the Customer. The invoice issued will include all of the products or services provided.
ARTICLE 6: Payment
6.1: Terms
Once the order is validated by the Customer, he accepts all of the General Conditions of Sale. The Customer pays on the MELAHUAC website:
by credit card (CB, Visa or Mastercard) via the secure payment platform Stripe or Paypal.
6.2: Promotional codes
Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by MELAHUAC.
ARTICLE 7: Force majeure
The occurrence of a case of force majeure has the effect of suspending the execution of MELAHUAC's contractual obligations.
A case of force majeure is any event beyond the control of our company and obstructing its normal operation at the stage of manufacturing or shipping of goods.
Cases of force majeure include, in particular, total or partial strikes hindering the smooth running of our company or that of one of our suppliers, subcontractors or carriers as well as the interruption of transport, the supply of energy, raw materials or spare parts.
ARTICLE 8: Respect for private life
All personal data communicated by the Customer on the MELAHUAC site are subject to computer processing intended for the processing and delivery of orders, the choice of samples offered and the suggestion of products adapted to the needs. client. These data are exclusively reserved for MELAHUAC.
In accordance with the “Informatique et Libertés” law n°78-17 of January 6, 1978 as amended, the Customer has the right to access, modify, rectify and delete data concerning him by contacting hello@melahuac -cosmetics.com.
The Customer can subscribe to the MELAHUAC newsletter and thus choose to be regularly informed of the offers offered. You can unsubscribe at any time by clicking on the link provided for this purpose at the end of each newsletter.
ARTICLE 9: Intellectual property
All elements present on the MELAHUAC site are the exclusive property of it, or of the holder of the intellectual property rights concerned when this is the case, and are as such protected by the intellectual property code and copyright. . As such, any reproduction, partial or complete, is strictly prohibited and MELAHUAC reserves the right to take legal action.
You can set up links to the MELAHUAC website if this is done fairly and does not in any way damage our reputation or take advantage of our notoriety. However, it is prohibited to establish such a link so that it suggests a form of association if this does not exist. Furthermore, it is strictly prohibited to set up a link to our site on a website that does not belong to you. We reserve the right to remove links without notice.
ARTICLE 10: Limitation of liability
The company MELAHUAC cannot be held liable towards third parties in the event of indirect damage, special damage or incidents resulting from negligence, failure or clumsiness on the part of the Client, or resulting from misuse by the Customer of one of the products offered for sale on the MELAHUAC website.
Concerning access to the site, consultation of the latter, the ordering process, payment for delivery and service, the company MELAHUAC only has an obligation of means. MELAHUAC cannot be held responsible for any inconvenience or damage inherent to the Internet network, in particular any disruption of the connection or any intrusion of a computer virus. In addition, MELAHUAC is exempt from any liability for any event qualified as force majeure within the meaning of the case law of the Court of Cassation. Finally, MELAHUAC's liability is limited to the amount of the Customer's order.
ARTICLE 11: Legal guarantee
The products sold on the MELAHUAC site are subject to the legal guarantee of conformity set out in articles L.217-4 et seq. of the Consumer Code and to the guarantee against hidden defects set out in articles 1641 et seq. of the Civil Code .
11.1 Legal guarantee of conformity
Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.
11.2 Guarantee for defects in the item sold
Article 1641 of the Civil Code: The Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them. Article 1648 of the Civil Code: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 12: Attribution of jurisdiction
For all disputes relating to sales made by MELAHUAC as well as those relating to the interpretation of the general conditions of sale, only the Paris Commercial Court will have jurisdiction.
ARTICLE 13: Applicable law
Any question relating to these general conditions of sale which is not dealt with by these contractual stipulations will be governed exclusively by French law.
If you have a question, a complaint or need information relating to the online sales conditions put in place by MELAHUAC, contact hello@melahuac-cosmetics.com.