Conditions Générales de Vente


1 – Scope

The present conditions of sale define the rights and obligations of Melomania, hereafter referred to as seller, and yourself, hereafter referred to as buyer, on the site www.melomania.com.

The act of placing an order implies unconditional acceptance of these conditions of sale. All contrary stipulations by the buyer not accepted in writing by the seller will be considered null and void.

The seller reserves the right to modify these conditions of sale at any time and without prior notice. All modifications will take effect as soon as they are displayed on the site and will apply to all subsequent transactions.

In the case that one or several clauses of the present conditions of sale are found to be invalid, all other terms and conditions shall continue to apply.


2 – Buyer identification

When the buyer creates an account with the seller, he will receive by e-mail confirmation of login and password. This information is personal and strictly confidential and should not be disclosed to third parties. Unauthorized use of this information is under the sole responsibility of the buyer.

All data pertaining to the buyer is collected, recorded and stored in accordance with the requirements of French law (Loi relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978). buyers have the right to consult and rectify this data.


3 – Orders

All orders placed by the buyer on the site melomania.com are deemed firm, and may not be cancelled without prior acceptance of the seller. Orders are deemed accepted by the seller once e-mail confirmation of order is sent to the buyer.

All goods offered for sale are subject to availability. Should one or several items no longer be available when the order is processed, this does not entitle the buyer to cancel the order in its entirety.

The buyer recognises that his order is placed in consideration of the description of the item(s) proposed and that all items on offer are second-hand. The images present on the site are not contractual.


4 - Prices

Les prix peuvent être modifiés unilatéralement par le vendeur sans information préalable. Les marchandises sont facturées au prix convenu au moment de la commande.

Si vous habitez en dehors de l’Union Européenne, vos commandes peuvent donner lieu à perception par vos autorités douanières de frais d’importation, notamment droits et taxes. Vous êtes dans ce cas seul responsable de l’acquittement des formalités et frais y afférents. En cas de doute, nous vous invitons à vous renseigner auprès des administrations compétentes avant de passer votre commande. Aucune commande expédiée ne peut être annulée.

La TVA n’est pas récupérable sur les articles d’occasion (article 297 E du Code Général des Impôts) et ne peut de ce fait figurer sur les factures émises par le vendeur.

En aucun cas, le vendeur ne peut être amené à faire de fausse déclaration tant au niveau du contenu que de la valeur des articles expédiés.


5 – Delivery

Delivery times depend on the destination and commence at the date of receipt of our e-mail confirming the order.. See link. Since we have no control over the postal services, these delivery times are for information purposes only and do not constitute un undertaking on our part.

It is specifically agreed that the buyer cannot be held responsible for delays or non-delivery resulting directly or indirectly from a case of force major or events such as lock-out, strike, requisition, fire, flooding, interruption or delays in means of transport, legal or administrative measures. The seller will promptly inform the buyer of such events.

Deliveries made by registered mail or colissimo require your signature. In metropolitan France, if you are absent at the time of delivery, the post office representative will leave you an notification slip informing you that the parcel will be held at your disposal for 15 calendar days at the specified post office. The seller cannot be held responsible for consequences if you do not retrieve the parcel within this period.

If the parcel has not arrived within 20 calendar days, you should inform the seller by e-mail at sav@melomania.com after having checked that it is not held at your disposal at the post office. The seller will file a claim with the postal services and will make best effort to resolve the issue as rapidly as possible. In the event that no satisfactory solution is available, the order will be reimbursed.

Confirmation of order will be notified by e-mail to the buyer and parcels are generally dispatched by post within two working days. Due to post office delivery times, the buyer is requested to wait until the end of a twenty-day period commencing at receipt of the e-mail confirming the order to file a claim for non-delivery with the seller.

In the absence of notification from the buyer that the parcel has not been received, the sale will be deemed final 30 days after issue of the e-mail confirming the order and no subsequent claims will be accepted.


6 – Claims

When you receive your order, you are requested to check three things :

• At delivery : that the parcel is not damaged (refuse damaged parcels)
• Within 2 days : that contents are what you ordered (please do not remove the disc from its sealed packaging in this case)
• Within 30 days : that no items are defective

If the parcel is received damaged, make written circumstantial reserves (general reserves such as ‘received in good condition subject to later inspection’ have no legal value) with the carrier and carefully preserve all packaging and damaged items, in order to preserve the seller’s rights to compensation. If the parcel is badly damaged, refuse delivery.

In all cases, you must inform the seller by e-mail within 48 hours after delivery indicating the nature of the damage and written circumstantial reserves. We will then contact you with instructions.

Failure to do so will result in your loss of right to make a claim, because the seller himself will no longer be in a position to claim against the carrier.

All claims should be addressed by e-mail to sav@melomania.com and state your name, contact details, order number and the nature of the problem.

If an item, despite our quality control procedures, is found to be defective, we request you specify the precise nature of the defect and, if relevant, track number and timing.

All claims pertaining to hidden defects making the item unsuitable for normal usage must be notified to the seller by e-mail or registered letter as soon as the buyer becomes aware of them and will only be accepted within the limitations of the ‘reasonable time period’ stipulated in article 1648 of the French civil code.

In all other cases (item not corresponding to order, damage during shipment...), articles should not be opened, removal of the cellophane wrapping may lead us to refuse return of the goods.

For security reasons, please do not send attachments with your e-mail, these will not be opened and will be considered never to have been sent.


7 – Returns

All returns of goods are subject to prior written consent of the seller. Unauthorized returns will not be accepted. Postal charged relating to returns will be reimbursed to the buyer by the seller.

Returns are limited to the following situations :

• the product does not correspond to the one ordered
• the product has defects which make it unsuitable for normal use
• the product was damaged during shipping

The seller cannot be held responsible for mistakes on your part : order error, duplication... or for the artistic or technical quality of the recording ! However, we will always endeavour to satisfy your requests as far as possible and within reason.

We will contact you to provide instructions on how to proceed, and in certain circumstances may request that you return the complete parcel.

If return is authorised, you are required to provide suitable packaging and to advance the cost of return postage. All items should be returned within 10 days from receipt of our authorisation.

The reimbursement of an item automatically transfers property rights to the seller.

Defective items will be exchanged or reimbursed at the seller’s discretion after verification. In all other cases, items may not be returned if they have been opened.


8 – Liability

The seller cannot be held liable for any prejudice incurred by the buyer, in particular loss of revenue or benefit, nor any malfunction, breakdown, delay or interruption of internet access. In all cases, the financial liability of the seller is expressly limited to the price of the item.

The seller makes his best efforts to ensure that no computer virus is present on his website, but cannot guarantee this. It is the buyer’s responsibility to enact all necessary protection measures against viruses and the seller cannot be held liable for the introduction of undesired software onto the buyer’s computer pursuant to downloading from the site www.melomania.com. In the same manner, the seller does not assume liability for the use of links present on his site.


9 – Withdrawal right

In accordance with article L121-16 of French consumer law relative to mail order sales, the non corporate buyer living in the European Union has the right to cancel his or her order within 7 days from the date of delivery and to obtain reimbursement of the items excluding shipping charges after returning the goods to the seller. As stipulated in article L121-20-2, this right can only be exercised, unless the parties agree otherwise, if the goods are returned unopened, in their original packaging and condition. The return of goods is at the cost and risks of the buyer.


10 – Warranty

The seller assumes responsibility for shipping risks is only valid if the buyer makes written circumstantial reserves to the carrier within 48 hours after delivery. Warranty is limited to the replacement or reimbursement of the items which the seller acknowledges to be defective.

The seller cannot be held responsible for damage resulting directly or indirectly from the following situations : failure to protect the item, negligence, mishandling, use on equipment which does not comply with the manufacturer’s technical specifications or, more generally, inappropriate or careless usage.


11 – Property rights

In accordance with the French law dated May 12, 1980, property rights will be transferred to the buyer after full payment. Failure by the buyer to fulfill his payment obligations, for whatever reason, entitles the seller to obtain the immediate return of the goods at the cost and risks of the buyer.


12 – Cancellation clause

If the buyer fails to respect his or her obligations, the sale will automatically be cancelled and the goods returned to the seller should he see fit, irrespective of all other claims for compensation that the seller may make, 48 hours after issue of formal notice remaining unheeded. In this case, the seller is entitled to claim a 10% compensation in addition to the sale amount.


13 – Intellectual property rights

The texts and images relating to items offered for sale on the seller’s website are subject to worldwide copyright restrictions.

In accordance with the laws governing intellectual property rights, reproduction is strictly limited to personal usage. Any other unauthorised use thereof constitutes a countefeiting offence punished by the Code of intellectual property.

All reproduction, in whole or in part, or the contents of the seller’s website without prior written authorisation is strictly forbidden.


14 – Payment

For all payments made on the website, the seller reserves the right to request proof of identity and legal address from the buyer prior to acceptance of the sale.


15 – Applicable law

All disputes pertaining to the constitution, execution and extinction of the contractual obligations between the parties, and which cannot find an amicable settlement, will be submitted to the Tribunal de commerce de Paris (Paris commerce tribunal), under who’s jurisdiction the seller has his head office, whatever the terms of sale and the mean of payment accepted, even in the case of multiple proceedings, defendants, incidental claims, introduction of third parties or third-party claims or even provisional orders. The present contract is governed by French law. Applicati
 

 

PAIEMENT SÉCURISÉ

SECURE PAYMENTS

QUALITY ASSURANCE

QUALITY ASSURANCE

FREE DELIVERY

FREE DELIVERY FOR 6 ITEMS