Terms of Sales

Terms of Sales

Article 1 – Definitions

1.1. The Seller designates the limited company under Belgian law LDCO, registered with the Banque Carrefour des Entreprises under number 0440.174.320, RPM Liège, whose head office is located rue des Fosse 17.4140 Sprimont, Belgium.


1.2 The User is any person consulting the Site and/or making a purchase there.


1.3 The User and the Seller are hereinafter jointly referred to as the “Parties”.


Article 2 - Purpose and scope


2.1. These General Conditions of Sale (hereinafter the "General Conditions") exclusively govern the contractual relationship between the Seller and the User. The purpose of these Conditions is to define the rights and obligations of the Parties applicable to any sale of associated products and services (hereinafter the “Products”) offered via the website www.melissadevaux.com (hereinafter referred to as the “Site”) ).


2.2. The General Conditions are communicated to the User and accepted without reserve by this one before any order. They can be consulted at any time at the following address: [make a link with the address of the site]


2.3. The General Conditions and the Order Confirmation sent to the User form a contractual whole and constitute the entirety of the contractual relations between the Parties. In case of contradiction between these documents, the Order Confirmation will prevail. In case of contradiction between the different linguistic versions of the General Conditions, the French version, original version of the General Conditions prevails.


2.4 The nullity, lapse or non-enforceability of one of the provisions of the General Conditions with the legal or regulatory provisions in force, will not affect the validity of the other provisions of the General Conditions which will retain their full legal force. Any provision wholly or partially void, void or unenforceable shall be deemed unwritten and shall be superseded or deemed to have been superseded by a similar provision which complies with the law and which will perform, as far as possible, the same function.


2.5 The Seller reserves the right to modify the General Conditions at any time. It will communicate the new version to Users via the Site.

Article 3 – Creation of an account


3.1. To be able to purchase Products on the Site, the User must first and validly create a personal account (hereinafter, the "Account") by completing the form proposed during the first order (hereinafter the Order). The User guarantees the accuracy and completeness of the mandatory data he provides. He undertakes to inform the Seller of any change of address and other modifications by updating his data.
personal information on his Account as soon as possible. Or has the choice to buy without creating an account.


3.2. Access codes are personal and confidential. The Seller declines all responsibility in the event of misuse of a User's access code.

Article 4 – Description and availability of Products

4.1. The Products offered for sale are those which appear on the Site, with a description of their essential characteristics, on the day and at the precise moment of the consultation of the Site by the User, and within the limit of available stocks. The Seller implements all reasonable means to display the availability of the Products in real time on the Site but cannot be held liable if a Product is no longer available, making it impossible for it to honor an Order placed by a User.

4.2. In the event of unavailability of an ordered Product, the User will be informed by email and will have the possibility, either to modify his Order, or to cancel it, in which case he will be refunded the amount of his Order if he has already made the payment.


4.3. The photographs, texts and other descriptive elements illustrating the Products do not enter into the contractual field. If these photographs and/or texts were erroneous, the responsibility of the seller could not be engaged in this respect. The latter undertakes to provide its best efforts to correct errors or omissions as soon as possible after having been informed of them.

Article 5 – Purchase Price and Preparation and Delivery Costs

5.1. Product Purchase Price The price of each Product is displayed on the Site (hereinafter the “Purchase Price”) in euros, including VAT. This price does not include preparation and delivery costs, also payable by the User, nor the deduction of any discount or purchase voucher granted to the User on a personal basis.


5.2. Preparation and delivery costs When placing an Order, Users undertake to pay, in addition to the Purchase Price of the Products ordered, the
preparation and delivery costs (hereinafter the “Fees”). These Fees vary according to the type and quantity of Products ordered, and the delivery method chosen, and include VAT. The User can consult
the amount of these Fees on the Site by clicking on the "Shopping Cart", where a calculation of the total amount corresponding to the Purchase Price of the Products and the Fees is displayed. The Company reserves the right to modify the amount of the Fees at any time, but the Fees will be invoiced on the basis of the rates in force at the time of the validation of the Order, and subject to availability.

Article 6 – Terms of Order

6.1. To place an Order, the User must complete the form made available to him on the Site. The Seller cannot be held responsible for the consequences of the communication of erroneous information. After completing the order form, the User is invited to confirm his Order, by clicking on "Go to payment", by this click, the User definitively validates his Order and undertakes to pay the full total amount payable, i.e. the Purchase Price, increased by the Costs, and reduced by the amount of any reductions. The confirmation of the order constitutes an electronic signature which has, between the Parties, the same value as a
handwritten signature and constitutes proof of the completeness of the order and the payment of the sums due in execution of the said order.

6.2. The Seller will confirm each Order by sending an email to the User, to the address indicated when ordering (hereinafter “Order Confirmation”). The data recorded by the Seller, as well as the
Order Confirmation will constitute proof of the contractual relations between the Parties.

6.3. The Seller reserves the right to refuse or cancel any order or any delivery in the event of
(i) existing dispute with the User,
(ii) total or partial non-payment of a previous order or
(iii) refusal to authorize payment by credit card from banking organisations. In this case, the responsibility of the Seller could not, in any case, be engaged.

Article 7 – Methods of payment

Payment for purchases is made through PayPal, visa, mastercard immediately after Order confirmation. The Product(s) ordered remain the property of the Seller until full payment of the Purchase Price and Fees.

Article 8 – Delivery

8.1. Delivery is made by the Seller, everywhere in Belgium, Europe, Eastern Europe, North America, South America, Asia, and in certain African countries by post. You will find the list of countries as well as all the information about deliveries in the “Delivery” FAQ section of our site.

Upon delivery, a sales invoice is given to the User. Delivery is made to a specific address (home, workplace or other). Unless otherwise stated in the Order Confirmation, the Products will be delivered within 5 days with a maximum of 30 days from the date of the Order Confirmation. In the event of absence or impossibility of delivery of the parcel, a transit advice note mentioning the date and the address of the post office where the User can collect his parcel on presentation of an identity document will be deposited. AT
From the date mentioned on the notice of passage, the User has 14 days to collect his package.


After this period, it will be automatically returned to the Seller who will contact the User to organize a new delivery of the Order. In this case, additional delivery costs may be claimed from the User.

8.2. The transfer of risks to the User takes place at the time of delivery. Each delivery is deemed to have been made as soon as the Product is made available to the User or to a third party designated by the latter. Proof of this provision will be materialized by the control system used by the delivery person or the post office.

8.3. It is up to the User or the person responsible for receiving the package to check it upon arrival and to issue any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it shows obvious signs of deterioration.


Any error in the quantities or specifications of the Products delivered or any damage caused to the Products during transport must be notified in writing to the Seller within 72 hours from the date of delivery. Failing this, receipt of the Products delivered implies acceptance of the quantities set out in the Order, of the conformity of the Products and confirmation that the Products delivered have not been damaged by delivery or transport. In the event of damage to the Products during the delivery or transport or delivery of the Products
non-compliant with the Products ordered, notified to the Seller within the prescribed period and noted by the latter, the Seller shall take possession of the non-compliant or damaged Products and replace them within
as soon as possible and at the latest within 60 days from the notification of the problem.

Article 9 – Right of withdrawal and methods of return

9.1. The User has a withdrawal period of fourteen (14) calendar days, from the day on which the User or a third party designated by him takes physical possession of the Product or in the event that the Order relates to several goods and that these goods are delivered separately, from the day following the day on which the User or a third party designated by him takes physical possession of the last Product.
He can exercise this right without penalty and without justification by using the standard withdrawal form appearing following the General Conditions or an unambiguous declaration setting out his decision to withdraw from the contract which he sends to the Seller by email at the address MELISSADEVAUXBIJOUX@GMAIL.COM
The User will receive by email, at the address indicated during his Order, a return document and a return code. The User must complete the return document, sign it, and include it in the package he is returning. From
from the communication of his decision to withdraw from his Order to the Seller, the User has a period of fourteen days to return the Products to the Seller. If this deadline is not respected, the User will be deprived of his right of withdrawal, and will have to pay for his Order.


9.2. The return to the Seller will be made at the following address 98, IMPASSE DES GRANDS PINS, 06250 MOUGINS, France, unless otherwise instructed by the User. The costs of returning the Products in the event of withdrawal and the risks associated with the return are the responsibility of the User. The goods may be returned by post or by any means of transport chosen by the User, who must retain proof of shipment.


9.3. In the event of exercise of his right of withdrawal by the User in accordance with the terms agreed in points 8.1 and 8.2, the Seller undertakes to reimburse the User the Purchase Price and the Costs (with the exception of
additional costs resulting from the fact that the User has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by the Seller) at the latest within 14 calendar days following the day on which the Seller was informed of the consumer's decision to withdraw from his Order. This refund will be made through PayPal.
9.4. The Products must imperatively be returned correctly protected, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled by the User), accompanied by all
any accessories, instructions for use and documentation to the address indicated in point 9.2, accompanied by the original of the sales invoice, of which the User will keep a copy. Cannot be taken back, the Products for which no attached element makes it possible to identify the sender User (return code, surname, first name, address). Returned Products that cannot be accepted in return are kept at the Seller's address, available to the User who is required to take them back and pay for them.

Article 10 – Legal guarantee

10.1. The User benefits from the legal guarantee of articles 1649 bis and following of the Civil Code, for any lack of conformity of the Product existing at the time of delivery unless the User was aware of the defect during the
Order. This warranty is valid for a period of two years from delivery. In this case, the User may demand either the replacement (unless it is disproportionate) of the article concerned, free of charge, and within a reasonable time and within the limits of the availability of similar articles, or a reduction of the Purchase Price or the resolution of the contract, under the conditions provided for by law. The User may not, however, demand the termination of the contract in the event of a minor lack of conformity.


10.2. The User must inform the Seller of his intention to appeal to the legal guarantee, in writing, at the latest within two months from the day on which he noticed the defect. The cost of returning the non-compliant item will be borne by the Seller.

10.3. The warranty does not apply:
 normal wear of certain items;
 defects and damage caused by the fault of the User.
For any request for information or question, the User may contact the After-Sales Service of the
Seller by visiting the Site under the "Contact" section.

Article 11 – Protection of privacy with regard to the processing of personal data

11.1. The Seller collects personal data concerning the Users, which are
communicated on the Site. He undertakes not to disclose this data to third parties. These are confidential.
They will only be used by its internal services for the processing of Orders or for the purpose of strengthening and personalizing communication, in particular by information letters / emails as well as in the context of the personalization of the site according to the preferences observed by Users. .


11.2. The Seller therefore does not sell, market or rent information concerning Users to third parties. The Seller may also provide consolidated statistics relating to its Users, its sales, the structure of exchanges and information on the Site to trusted third parties, but these statistics will not contain any personal data. This article cannot, however, prevent the sale or transfer of activities to a third party.


11.3. In accordance with the applicable European and national legal provisions, the User may exercise his right of access to the file and his right of rectification for information concerning him. He can exercise his
right of deletion for information concerning him by email to the following address: MELISSADEVAUXBIJOUX@GMAIL.COM. The person, within the company, responsible for the processing of personal data, and responsible for answering questions from Users on this subject, is Ms. Mélissa Devaux MELISSADEVAUXBIJOUX@GMAIL.COM


11.4. The Site uses cookies. The cookie is a computer file, stored on the hard disk of the User's microcomputer. Its purpose is to report a previous visit by the User or any visitor to the Site. Cookies are, among other things, used by the Seller for the purpose of personalizing the service offered to the User. The User retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by the Seller.


11.5. Certain web pages on the Site may sometimes contain electronic images or "web beacons", which allow the number of visitors to the page to be counted. These web beacons may be used with certain
of the Seller's partners, in particular in order to measure and improve the effectiveness of certain actions. The information obtained via these beacons simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve the Users.


Article 12 – Liability

The Seller only contracts obligations of means, for all stages of access to the Site, from the Order, to delivery or subsequent services. The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event that may be qualified as force majeure.
In any event, the Seller's liability under these General Conditions may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned. .

Article 13 - Intellectual property

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by
database law. They are the exclusive property of the Seller. The User who has a personal Internet site and who wishes to place, for personal use, on his own site a simple link referring directly to the Site, must request authorization from the Seller. In this case, it will not be an implicit affiliation agreement. In any case, any link, even tacitly authorized, must be removed at the Seller's request.

Article 14 - Contact and settlement of disputes

In case of questions about his purchase, the User has the possibility of getting in touch with the Seller by means of the contact forms available in the Help & Contact the Seller's site or by means of the address MELISSADEVAUXBIJOUX@GMAIL.COM The Seller undertakes to get back to the User within a maximum of 5 working days with a response to his request.

Article 15 - Evidence

The computerized registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the Parties.

Article 16 – Applicable law – Competent courts

These General Conditions are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Liège will have sole jurisdiction.

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of LDCO SA, rue des Fosses 17 at 4140 Sprimont, Belgium,
MELISSADEVAUXBIJOUX@GMAIL.COM
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the
well (*) below:

Ordered on (*)/received on (*): ………………………………………………………………………………………..
Name of consumer(s):…………………………………………………………………………………….
Address of the consumer(s): ………………………………………………………………………………

Signature of the consumer(s) (only in case of notification of this form on paper):

Date

(*) Delete as appropriate."