PREAMBLE

These terms of use and Terms and Conditions of Sale (hereinafter, "TCS") exclusively regulate sales of the products offered on our website www.sweetmellow.com (hereinafter, the "Site") between:

The company Sweet Mellow SASU (hereinafter, "Sweet Mellow"), a limited company with a capital of 5,000 euros, whose head office is at 98 rue Jean Pierre Timbaud 75011 Paris, France. Registered at the Paris RCS with the number 827833112. Site editor of www.sweetmellow.com

AND

Any individual, non-commercial, making a purchase of the Product on the Site.

The Client agrees to read these Terms and Conditions carefully before using the Site. The fact of placing an order on the Site implies the total and unreserved acceptance of the Client to these Terms, which the Client acknowledges having read.

Sweet Mellow reserves the right to modify these TCS at any time by publishing a new version on the Site. The applicable TCS are those valid on the Site on the date of the placing of the order by the Customer; it is specified that any order for a Product bought on the Site implies full and complete adhesion of the Client to the current TCS at the time of placing the order.

Sweet Mellow strives to guarantee, in the best possible way, the accuracy and updating of information on the Site, and reserves the right to correct, at any time and without prior notice, the content.

If a condition is absent, it would be considered to be governed by current French laws and practices in relation to distance selling.

 

SERVICE EDITOR

Sweet Mellow

Distributed by Sweet Mellow SASU with a capital of € 5,000.

Registered office: 98 rue Jean Pierre Timbaud 75011 Paris. France

Registered in the Register of Companies and Commerce of Paris with the number 827833112.

VAT number: FR06827833112

Tel: +33 (0) 1 48 06 44 73

info@weetmellow.com

 

SITE HOSTING

o2switch

SARL with a capital of € 100,000

RCS: Clermont-Ferrand

SIRET: 510 909 80700024

VAT: FR35510909807

222-224 Boulevard Gustave Flaubert

63000 Clermont-Ferrand

Tel: +33 (0) 4 44 44 60 40

 

ARTICLE 1 - CLIENT ACCOUNT.

Before placing an order on the Site, the Customer must create a customer account. For this purpose, you must complete a form in the "My Account" section with information about it, and agree to provide accurate information and not to impersonate a third party.

 

The Client indicates in particular his e-mail address and a password (including at least 8 characters) that will be used to identify himself on the website below. The username and password are personal and the Customer agrees not to disclose them.

 

 ARTICLE 2. PRODUCTS.

The products offered for sale online are those presented on the Site on the day of the consultation of the Site by the Client and within the limits of the available stocks.

Sweet Mellow describes the products on the Site as accurately as possible. The information provided on the product page mentions the characteristics of the products (color, description, composition, maintenance) and their price, including the tax (all taxes included). Photographs may differ slightly from reality, in particular due to the configuration of the display parameters of the computer used, and have no contractual value, the client acknowledges and accepts this.

Sweet Mellow reserves the right, at any time, to withdraw any product for sale on the Site. In case a product is not available after the validation of the order, Sweet Mellow quickly informs the Customer by email and the missing products are automatically canceled and the money is returned.

The Customer may also contact Sweet Mellow Customer Service for any request for additional information. Email: info@sweetmellow.com

 

ARTICLE 3. PRICES.

Prices are expressed in euros (€), all taxes included, including VAT and excluding preparation and shipping costs that vary according to the country in question. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate is changed, these changes can be reflected in the price of the items without the customer being informed.

The shipping costs are communicated to the Client in the summary of the order before the validation of the latter and are expressed with all taxes included. These costs are the responsibility of the Customer and are charged in addition to the sale price of the Products.

 

Sweet Mellow reserves the right to change prices at any time. The products will be billed on the basis of the rates in force at the time of registration of the order, except for manifest error. In fact, despite the surveillance of Sweet Mellow, it is possible that price errors occur on the Site and this, whatever the reason (computer error, manual error, technical error ...). If orders have been placed at erroneous or low prices (low price), orders will be canceled, even if they have been validated. Sweet Mellow will inform each of its affected Clients as soon as possible, so they can, if they wish, place their order at the correct price.

 

Payment of all prices must be made during the order. At no time, the sums paid can be considered as a deposit or quotas. Any order implies the acceptance of the prices and the description of the products available for sale. Any dispute on this point will occur in the context of a possible "change / refund" as detailed below.

When an order is placed with a promotional code that offers a reduction related to the simultaneous purchase of a predetermined number of items, the return of one or more items by the Client may have the effect of terminating the reduction. When the number of elements necessary for the application of this reduction is no longer reached. The refund made to the Client will take into account, if necessary, the fact that the reduction is no longer applicable and the difference will be charged to the amount reimbursed to the Client for the returned items.

 

ARTICLE 4. PURCHASE

For your first order, the Customer must create a customer account by completing a form that contains the following information: title, surname, name, complete shipping address, email, date of birth. On this occasion the client creates his password.

It is important that the Client complete the form as accurately as possible to avoid any error or impact in the shipment of the requested items. The data registered in this site are exclusively for Sweet Mellow. The client acknowledges and accepts that the use of his email address and his personal password are equivalent to the authentication of the Client.

Any customer who already has a customer account will simply have to log in with their email address and their personalized password before they can place an order.

4.1 Selection of articles:

The Client selects the products of his choice and, as soon as he considers his purchase, he adds them to the basket simply by clicking on the "Add to cart" button.

4.2 Verification of the basket:

By clicking on the "Go to cart" tab, the customer can consult, modify and continue buying.

4.3 Validation of the order:

After checking the status of the basket, the price of the items, the delivery price, the customer clicks on the "Order" button. In the next step the client must choose the delivery method. In this way, the customer has access to the billing and delivery conditions.

4.4 Choice of delivery method:

The Client will choose the delivery of the options offered.

4.5 Payment of the order:

To access the payment of the order, the Customer must take note of the GTC and conditions of personal data, to which he has direct access, and expressly accepts them by checking the box provided for this purpose.

The Customer guarantees Sweet Mellow that he has the necessary authorizations to use the payment method that he will have chosen for his order, during the registration of the order. By clicking on the "Validate my payment" tab, the Client validates his shopping cart and accepts the CGV and gives his consent to proceed with the payment. The price that the Customer must pay is the amount indicated in the summary of the purchase order that the Customer has read before confirming his order. This validation implies the express acceptance of all operations performed on the Site.

The Client will complete the "card number" field, the expiration date of his card and his visual cryptogram. It will still be possible for the client, even at this point, to cancel his order and return to the store. The payment will be validated when the Client validates the "Validate my payment" button. In any case, the online supply of the credit card number and the final validation of the order will be proof that the order is complete and this will be equivalent to proof of purchase of the items that appear on the purchase order.

This validation is equivalent to signing and express acceptance of all operations carried out on the Site. However, in case of fraudulent use of the credit card, the Client is invited to contact Sweet Mellow customer service.

4.6 Payment security:

To guarantee the security of payment, the Site uses Stripe's secure payment service. This service incorporates the SSL security standard. Confidential data (the 16-digit bank card number and the expiration date, the CVX code) are transmitted directly encrypted to the bank's server without going through the Sweet Mellow server. When the order is validated: the payment request is sent in real time to the secure payment administrator system. The latter sends an authorization request to the bank card network. The electronic payment administrator issues an electronic certificate that will be proof of the amount and date of the transaction.

 

4.7 Non-payment

Sweet Mellow reserves the right to refuse to make a shipment or fulfill an order from a Customer who has not paid all or part of a previous order or with whom a payment dispute is being processed.

 

ARTICLE 5. SHIPPING

The products will be sent to the address indicated by the customer in the order form. Sweet Mellow takes every precaution to ensure that its packages arrive in perfect condition. However, the Client is required to verify the condition of the packaging and the conformity of the delivered product, and to issue any reservation in the shipping certificate of the carrier.

Sweet Mellow processes packages from Monday to Friday. In general, all orders are processed within 2 business days. Additional delays are those applied by our transportation providers. In general, they do not exceed 4 days (for metropolitan France). Attention, in certain periods (Sales, Christmas, Private Sales and others) processing times may be longer due to the large number of packages that must be processed.

The shipping times practiced by our transport partners:

Shipping by Colissimo: minimum of 72 hours and Maximum 15 working days.

Shipping by Mondial Relay: minimum of 72 hours and maximum of 15 working days.

International shipping: 9 business days.

It is specified that orders registered on the Site on Friday afternoon, Saturday or Sunday will be processed the following Monday. Orders placed on the Site on a holiday other than Friday, Saturday and Sunday will also be processed on the next business day. In case of not receiving the item within the advertised delivery period, the Customer must contact the Customer Service by email. - Send an email to the following address: info@sweetmellow.com

 

5.1 Delivery methods: Packages are delivered according to the option:

Home delivery by the post office:

Send directly to the mailbox if the dimensions of the package allow it, if its size does not allow it, a notice is left in the mailbox. The package will be stored at the post office closest to the shipping address for 10 business days.

Sending at the relay point: The package delivered by Mondial Relay is saved 14 calendar days (or 10 business days) in the chosen relay. The Client will be notified by email from the arrival of their package in transmission.

International shipping: in person and with signature. In case of absence or impossibility of sending your package, your postman sends you a notice in which you mention the date and address of the post office where you can pick up your package.

Shipping areas in the following countries: Metropolitan France - Germany - Belgium - Spain - Italy - Luxembourg - Portugal - United Kingdom - Netherlands - Ireland. Shipping in the DOM is not available.

5.2 Shipping rates:

Shipping is free in metropolitan France for orders over € 100.

For the other packages, the invoiced prices are the following:

colissimo france: 6.60 euros.

colissimo Zone 1: Germany, Belgium, Luxembourg, The Netherlands: 9.5 euros.

colisssimo Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding specific territories), United Kingdom, Ireland, Italy: 11 euros.

Mondial Relay: France / Belgium / Luxembourg 4.60 euros. 5 working days

5.3 Order tracking

The detail and tracking of the shipment of each order are available at any time on the Site, in "My Account" after the Client has identified himself with his email and password.

 

5.4 Receipt of the order

Upon receiving the order, the Client will verify the fulfillment of the Products received in the execution of his order. The Client must directly express his reservations in writing to the Sweet Mellow consumer service by email to the following address: info@sweetmellow.com, within 15 calendar days after receipt of the Products. Except for legitimate reasons, any claim made after the 15 calendar day deadline will be considered inadmissible and the responsibility of Sweet Mellow can not be compromised.

TREATMENT OF ARTICLES THAT WERE NOT DELIVERED BY OUR TRANSPORTATION PROVIDER:

These are packages that have not been delivered to the final recipient for the following reasons: Does not live in the indicated address, unclaimed, rejected, damaged transport.

Returns due to Do not live at the indicated address (NHDI): packages returned by the shipping service provider under the heading: Does not live at the address indicated. After the reception and acceptance of your package by our services, Sweet Mellow will contact the Customer to return your order (shipping at the Customer's expense) if the product is still available or refund the order as desired by the customer. Sweet Mellow reserves the right to reimburse the order and not return it if more than one does not live at the indicated address.

Returns due to "NO RECOVERY": these are items that have not been claimed by the customer at the post office within the time limits. After receipt and acceptance of your package by our services, Sweet Mellow will contact the customer to return your order (shipping by the Customer) if the product is still available or refund the order according to the customer's desire Sweet Mellow reserves the right to reimburse the order and not return it if several "NO CLAIMS" are identified. Returns due to "REJECT": rejected your package at the time of delivery. After our services receive and accept your package, a voucher will be credited to your account within 72 hours after receiving your package. You can request the cancellation of your purchase order and your refund.

In case of return of a package after the causes "NHDI", "NON RECLAME" or "REFUSE", Sweet Mellow does not guarantee the reservation of the requested items and it may be necessary to make the refund of the order if the products are only available.

 

ARTICLE 6. RETURN / EXCHANGE

The Customer has a right of withdrawal, which may be exercised without reason, within a period of FIFTEEN (15) days from the date of receipt of the order to be exercised with the return of new products. All products returned by the Customer, whether under the right of withdrawal or the money back guarantee, must not have been used, damaged, dirty or washed by the Customer. They must be returned complete, with their plastic or fabric bags and their label in an appropriate package and accompanied by the return receipt (to be completed online and printed entering the customer's account, with the title "My orders").

For international shipments (outside France) the cost of shipping products by return will be borne by the customer. The return can be made through the carrier of your choice. However, it is recommended that you return the products by certified mail or postage and, if necessary, subscribe an insurance with the carrier of the market value of the products to protect it against any loss or damage of the same. SWEET MELLOW will not be responsible for any problem with the package sent. The returned product must be in its original state and must allow SWEET MELLOW to sell it. Please note that we do not accept packages sent to collect.

To exercise your right of withdrawal, the Customer must follow the rules and the return steps mentioned below:

1. Access your order history (My account> History and details of my orders) and select the corresponding order.

2. In the list of products, mark the products you want to return.

3. In the "RETURN OF MERCHANDISE" section, indicate in the available field the reason for your return. Then click on "Validate your return request".

4. Once the return has been validated, you will receive a validation email.

5. Access your return history (My account> Product returns); Print the return ticket and send the package to the address indicated.

In case of abnormal or abusive returns, Sweet Mellow may refuse to validate a subsequent order. With respect to refunds for reimbursement, Sweet Mellow will reimburse the Client for the amounts already paid, minus shipping costs. Sweet Mellow will make the reimbursements of the products within a maximum period of 30 days from the reception of said products. The refund will be made with the same payment method chosen by the customer at the time of your order.

 

ARTICLE 7. INTELLECTUAL PROPERTY.

All elements of the Site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Sweet Mellow. Any reproduction, use or partial or total modification of an element of the site, in any form, cannot be carried out without the express authorization of Sweet Mellow, who reserves the right to initiate proceedings under the intellectual property. The Client is granted a limited license, which includes the visualization and use of the Site on a personal basis, and excludes the possibility of downloading or modifying the Content, in whole or in part, without the express written consent of Sweet Mellow. This license excludes any use of the site for commercial or resale purposes, any recovery and use of product descriptions or rates, any use derived from the site or its content, or any use of data mining tools, robots. Indexing or data collection and extraction tools. It is forbidden to reproduce, duplicate, copy, sell or exploit all or part of the site for commercial purposes without express written permission.

Sweet Mellow remembers that any reproduction, use or modification, partial or total, of any element of the site is strictly prohibited, except the prior, special and express authorization of Sweet Mellow. As a result, Sweet Mellow can take legal action, including forgery, against anyone who directly or indirectly infringes on their rights.

 

ARTICLE 8. GUARANTEES

The products offered comply with current French legislation. All Products benefit from the legal regime of the guarantee of conformity provided in articles L211-4 and following of the Consumer Code, as well as the guarantee of hidden defects of articles 1641 and following of the Civil Code. In accordance with the law, the company Sweet Mellow guarantees, in any case, the consumer against all consequences of defects or hidden defects of the thing sold.

 

ARTICLE 9. RESPONSIBILITIES

Sweet Mellow cannot be held responsible for the breach of the contract concluded in the case of:

• Exhausted or unavailable from the product,

• Interruption, total or partial strike, including postal services or means of transport and / or communications.

• Floods, fires, any case of force majeure and any other unpredictable or independent event of Sweet Mellow.

The completion of an order on the Site implies knowledge and acceptance of the procedures in force on the Internet, in particular with regard to response times, connection, queries or transfers of information, risks of cut, the risks of contamination by viruses that circulate in the network and, in general, all the risks related to the use of the Internet network.

Sweet Mellow cannot under any circumstances be responsible for any direct or indirect damage resulting from a failure, the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Client's connection to the Site is under his / her full responsibility.

Finally, Sweet Mellow declines all responsibility:

• For any interruption of the Site, the appearance of errors, damages resulting from a fraudulent intrusion of a third party that caused a modification of the information available on the Site,

• For non-substantial errors related to the products,

• Due to the impossibility of accessing customer service and / or access to the Site.

 

ARTICLE 10. DURATION

These terms and conditions apply throughout the life of the products and services offered by Sweet Mellow.

 

ARTICLE 11

The computerized records maintained in the Sweet Mellow information systems under reasonable security conditions shall be considered as proof of communication, orders and payments between Sweet Mellow and the Customer.

 

ARTICLE 12. APPLICABLE LAW: DISPUTE

This contract is subject to French law. In the case of a dispute, the French courts will have exclusive jurisdiction. If any of the terms of these GTC are invalidated or inapplicable by a judicial decision, the other provisions of the GVCs will remain in effect.

In case of disputes, the customer will first contact Sweet Mellow for a friendly solution and, in the absence of an agreement, the French common law courts will have exclusive jurisdiction.

 

ARTICLE 13. MODIFICATION OF THE TERMS AND CONDITIONS OF SALE

Given the possible evolution of the Site, Sweet Mellow reserves the right to adapt or modify these terms and conditions of sale at any time. The new GVCs will be made known, if necessary, to the customer through an online modification and will apply only to sales made after the modification.

 

ARTICLE 15: COOKIES

The heading "COOKIES" allows the Client to know more about the origin and use of the navigation information processed during his consultation of our site and his rights. The Client may consult it at any time.