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General terms & conditions

Foreword

The Meltonic website is the property of SAS FAMILLE MARY La Ruche de Beau Rivage in its entirety, as are all related rights. Any reproduction of this website, complete or partial, will systematically be submitted to the owner's authorization. However, hypertext links towards the website are authorized without prior notice. The Meltonic brand is the property of SAS FAMILLE MARY La Ruche de Beau Rivage 49 450 St André de la Marche, and registered at INPI, in its entirety, as are all related rights. Any reproduction of this website, complete or partial, will systematically be submitted to the owner's authorization.
 

1. Acceptance of general terms & conditions

The customer acknowledges, when placing an order, that he has read the general terms and conditions stated on this screen and expressly declares to accept them unreservedly. These general terms and conditions govern the contractual relationship between FAMILLE MARY and its customer, both parties accepting them unreservedly. These general terms and conditions prevail over any other conditions present on any other document, except for express and written prior exemption. FAMILLE MARY reserves the right to up-date at any times these general terms and conditions without informing personally each customer. Therefore the customer is invited to consult the website regularly in order to stay informed of the most recent changes.

2. Products

Pictures illustrating products are non contractual, FAMILLE MARY is not contractually liable for the pictures that illustrate the products. If any error occurs, FAMILLE MARY will not, under any circumstances, have any responsibilities engaged in this matter. Most of products offered to its customers by FAMILLE MARY are available in its warehouse.

3. Orders

Automatic registration systems are considered as evidence concerning the nature, content and date of an order. FAMILLE MARY confirms acceptance of a customer's order sending him/her an e-mail to the e-mail address previously provided by the customer. The sale will only be concluded when the order is confirmed by FAMILLE MARY. FAMILLE MARY reserves the right to cancel any order placed by a customer with whom there is a commercial dispute related to the payment of a previous order. Information stated by the buyer, when placing an order, commit this one: in case of mistake in delivery information, the seller cannot be held responsible for the impossibility to deliver the order.

4. Delivery

Except the orders for retailers, all the MELTONIC's orders delivered by FAMILLE MARY are intended for customers' personal use. Customers or consignees of products do not have the right to resell all or part of products. FAMILLE MARY is not legally responsible if the payment of tariffs is not made by the customer. Delivery will be done by La Poste thanks to "Colissimo" (tracked parcel) or with another kind of shipment following the choice of the customer located in Metropolitan France., Corse or Monaco. Delivery is done giving directly the product/parcel to the announced consignee or, in case of absence, to another person entitled by the customer. Deliveries in another country will be done with Colissimo Expert International. The customer has 14 days after the passage notification to collect the parcel at the post office. After this period, the parcel will be returned to FAMILLE MARY which will send a first reminder to the customer. Without any answer after 7 days FAMILLE MARY
will consider that the customer has used his/her right of withdrawal. Possible delay in delivery does not give the right, for the customer, to claim damages. If the products ordered are not delivered within 30 days from the date when the customer placed his order, for any other reason than force majeure, the sale could be cancelled with a written request from the customer or from FAMILLE MARY. The amount paid will then be restituted without any delay excluding any compensation or withholding. Goods always travel at receiver's own risks. Once received the parcel has to be checked by the customer. The customer has 48hours to make any eventual reserves to the carrier in case of failure or damage. Because of availability reasons, an order can be delivered in several times. In this case, the customer only pays one delivery. If the customer wants two places of delivery he/she has to place two orders with shipping costs related.

5. Rétractation

The customer has a period of 7 days (from the reception of goods) to form his/her opinion on delivered products. In case of exchange or reimbursement, the customer has to send back the article(s) in its/their original packaging, intact, with all possible accessories, instruction booklet and documentation to the following address: MELTONIC SOCIETE FAMILLE MARY BEAU RIVAGE 49450 ST ANDRE DE LA MARCHE FRANCE If the customer wishes to use his/her retraction right, FAMILLE MARY will have to reimburse the sums conferred by the customer, without extra fees, excepting return cost. Reimbursement will be done within a maximum 15 days period. A copy of the purchasing invoice will have to be joined. The products opened, damaged, dirty, partially used or returned incomplete by the customer will not be exchanged nor reimbursed. The products returned and accepted by Famille Mary's services will be reimbursed by credit card or credit transfer, upon receipt of the articles and within 15 days
at the latest. If the returned product is not defective, FAMILLE MARY reserves the right to refuse any other order. In case of mistake from FAMILLE MARY in the delivery (missing or wrong articles) the customer will have first to get in touch with our commercial department. After checking, the customer will return the products at FAMILLE MARY expenses that will send him/her back the right articles for free.
 

6. Price

Prices are in Euros (€) VAT incl. for the individual customers and in Euros (€) VAT excl. for the retailers. Prices displayed on product's datasheets do not include shipping cost. Price displayed on order confirmation is the final price, all taxes included including shipping cost and VAT. This price includes products' price, handling, packaging and preservation costs and also shipping and commissioning costs. FAMILLE MARY reserves the right to up-date the prices at any time, but commits to invoice the product at the given price when the customer places his order. Shipping and handling costs for France, La Corse and Monaco are automatically calculated on the basis of a fixed price indicated when placing you order. Shipping and handling costs are automatically calculated according to the weight and the volume of the order for foreign countries and according to international areas. This amount will be automatically added to the amount of the order at the end of the order entry.
FAMILLE MARY reserves the possibility to promote the articles during some given times. For each special offer, it will be specified whether this can be cumulated or not with the current prices.
 

7. Payment

The price invoiced to the customer is the price indicated on order confirmation sent by FAMILLE MARY. The price of products is payable in cash the day order is effective. Payment is done by credit card (CB, VISA, MASTERCARD). Online, PAYBOX allows the customer to pay through a banking server in a secure environment without any relation with Famille Mary's Meltonic website's servers which is an important guarantee: the customer credit card numbers are only known by our banking partner. The order validated by the buyer will be considered effective only when banking centers involved give their approval. Any refusal by these centers would automatically cause the order cancellation and the customer will be informed by e-mail. On the other hand, FAMILLE MARY can refuse the order processing of a customer with whom there is an existing dispute.
 

8. Ownership transfer

The ownership transfer to the customer is hanged until receipt of the full payment of the amount involved. In case of non-payment of part or all amount ordered, Famille Mary retains, until receipt of the global amount from the customer, the ownership of the products sold, and to claim the products according to the established conditions contractually, even if insolvency proceedings are commenced over his assets, and this according to the commerce's articles L.621-122 and followers.

9. Dispute

This agreement is subject to French law. FAMILLE MARY cannot be held responsible for any damage, whether material, immaterial or physical which could result from a poor functioning or inadequate use of the marketed products. The same applies for eventual changes in products made by manufacturers. Liability of FAMILLE MARY will, in any case, be limited by the order amount, and cannot be incriminate for simple errors or omissions that could occur despite of all precautions taken in products' presentation. In case of implementation difficulty of the present contract, the purchaser has the possibility, before any legal action, to look for an amicable arrangement notably with the help of: a professional association of the sector, consumer association, or any other kind of consultant organization. One should remember that looking for an amicable arrangement does not interrupt the "short notice" of the legal warranty, nor does it stop the duration of the contractual warranty. It is
reminded that, as a general rule, and subject to a court assessment, the respect of this agreement provision related to contractual warranty supposes that the purchaser should honor the financial commitments towards the seller. Claims or disputes will always be handled with attentive benevolence, as good faith will always be presumed on the one who takes time to expose the problem. In case of dispute, the customer will contact the company first to find an amicable agreement. Failing that, the court of both parts is the sole competent, no matter where is the delivery place and the payment method accepted.
 

10. Warranty

"Best before dates" present on products have to be respected by the customer. In any case, FAMILLE MARY cannot be held responsible of failure to comply with law and regulation provisions into force, liability of FAMILLE MARY is automatically limited to the value of the product involved, value at the date of purchase and that without having recourse possibility towards the brand or the company which has produced the product. In any case, the customer benefits from the legal guarantee against eviction and latent defects (art. 1625 and followings of French "Code Civil") on the condition that the buyer proves the latent defect. The seller legally has to repair all consequences (art. 1641 and followings of French "Code Civil"). If the buyer brings it to the court, he/she has to do it within a "short notice" from the latent defect discovery date (art. 1648 of French "Code Civil"). The customer can contact Famille Mary's Meltonic customer service from Monday to Friday included
calling the 02 41 55 35 79 or sending an email to: contact@meltonic.fr 11. LEGAL INFORMATION Filling personal data is compulsory for distance selling, this information is indispensable to process orders, ship them and establish invoices & contracts of guarantee. Failing to communicate this information will cause the non validation of an order. In accordance with the Data Protection Act, customers' personal data processing is subject to a declaration to the CNIL (French Data Protection Authority). The customer has (art. 34 of the 6th January 1978 law) the right to access, modify, rectify and delete any personal data. He can exercise his/her right beside FAMILLE MARY

11. Publication manager

Publication manager of this website is Mr Benoit MARY in his capacity as legal representative of FAMILLE MARY company. Webmaster's email is : contact@meltonic.fr. The website is governed by French laws.

12. Hosting

The provider assuming the permanent and direct storage of the website is OVH company - 2 rue Kellermann - 59100 Roubaix - France. MELTONIC - Société FAMILLE MARY-Le Moulin de Beau Rivage-49450 SAINT ANDRE DE LA MARCHE SIRENE 300.030.574.00010 - TVA intra communautaire : FR 22 300 030 574 00010