GENERAL TERMS AND CONDITIONS OF SALE - CGV
The Products offered for sale on the www.melpublisher.com
website are sensitive to the environment: their colour and expressiveness can change and
fade. In order to ensure that you can enjoy our works of art for a long time, you must not
expose all or part of the lithographs to ultraviolet rays, nor hang them directly above the
heaters or convectors and do not subject them to a higher humidity level than that of normal
living rooms. Lithographs are not suitable for outdoor spaces, cellars, damp rooms and
These General Terms and Conditions (GTC) govern the sale of products (lithographic works) exclusively on the www.melpublisher.com website and govern the use of the electronic commerce website hereinafter referred to as "the Site").
They constitute the entire contractual agreement between the Client and MEL Compagnie des arts.
Additional information on any other document, prospectus or catalogue is for guidance only.
These GTC are accessible and consultable from any page of the website www.melpublisher.com and are applicable to all Customers and for all products offered to the exclusion of any other condition.
MEL Compagnie des arts reserves the right to modify and supplement these GTC at any time, without notice, without consideration or prior formality.
Only the latest version of the GTCs modified and posted online at the time of ordering a product may be used.
It is the Customer's responsibility to read the T&Cs before each new order.
These GTC contain warranty exclusions and liability limitations of which the User declares that he/she is aware. The T&Cs are complementary and cumulative with the legal notices of the site.
If any provision of these GTC is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions hereof.
No waiver of any provision of these GTC shall be deemed to be a definitive waiver of that provision or any other provision of these GTC.
1. ACCEPTANCE OF THE T&Cs Customers are informed that any Order on the Site is subject to prior consultation and acceptance of all of these T&Cs, including the applicable prices.
Orders are subject to the T&Cs in effect on the day of the Order.
Any validation of an Order following the order procedure proposed on the Site implies acceptance of the current General Terms and Conditions.
2. DEFINITIONS The following defined terms have the meaning and scope given in their definition in connection with the conclusion and performance of these GTC:
- "Customer" refers to the Internet user, a non-commercial individual over 18 years of age, wishing to order and purchase Products through the Site;
- "Order" refers to the act of purchase in progress or made of one or more Products selected by the Customer via the Site's e-commerce service and which can only be delivered in metropolitan France, Corsica and Monaco;
- "Personal Account" refers to the account created by the Customer to access his private space entitled "My Account", in order to access all the Services;
- "Contents" refers to all texts, graphics, illustrations, functionalities and more broadly any element existing within the Site;
- "Personal data": All personal data relating to Customers collected via the Site;
- "Internet user" refers to the occasional visitor to the Site;
- "Platform" refers to the computer and/or telecommunications equipment, including servers, implemented by and hosted by the host for the provision of design, hosting and maintenance services for the Site, in order to enable it to edit and operate its Site;
- "Products" refers to the products offered for retail sale on its Site under its sole responsibility as such;
- "Services" refers to the various services presented to Internet users via the Site; certain Services identified as such are implemented by third party partners under their responsibility.
3. PERSONAL ACCOUNT - LOGIN - IDENTIFYER - PASSWORD Each Client has access to a Personal Account.
When creating a Personal Account, the Client chooses a unique and personal login (username) and password to access the Personal Account.
The creation and connection to the Personal Account is based on a reliable and secure authentication system. During each connection to his Personal Account, the Client authenticates himself through the intermediary:
- A login corresponding to his email address;
- A password that meets the required security requirements, consisting of at least eight characters, including at least one upper-case letter and one number.
The Client acknowledges that he/she is solely responsible for the use he/she makes of his/her authentication elements.
He undertakes, in general, to take all necessary measures to ensure the complete confidentiality of his password and login and undertakes not to communicate, transfer or make available to a third party, his authentication details.
The Client's authentication in connection with access to the Personal Account is irrefutably imputable to the Client for operations carried out via the Site and in particular the Orders, under the conditions defined in the "Proof Agreement" article of these GTC.
In the event of loss or theft of the authentication elements, the Customer undertakes to inform without delay, by any written means of his choice / email to the following address firstname.lastname@example.org. The objection notified by the Customer in the event of loss or theft of his authentication details will take effect immediately from the date of such notification. A reset procedure is made available to the Client who will be redirected to a secure interface.
In addition, the Client may, at any time, request MEL Compagnie des arts to modify its authentication elements, particularly if it suspects that an unauthorized third party may use its authentication elements.
To do so, the Client must make a request to MEL Compagnie des arts, by any written means of his choice / email to the following address email@example.com. In addition, a technical system requires Customers to renew their authentication details every six months from their first connection, in accordance with the recommendations of the CNIL.
If necessary, MEL Compagnie des arts undertakes to notify the Client of the violation of his password within a period not exceeding 72 hours in accordance with the recommendations of the CNIL.
If the authentication elements chosen by the Client do not provide the required level of security, the system will prompt him to choose another one.
MEL Compagnie des arts reserves the right to close any Client's Personal Account and to refuse any sale to a Client in the following cases:
- Failure to pay for one or more previous Orders;
- Abusive, unfair, fanciful or fraudulent use of the Order service offered on the Site or non-compliance with any of the Customer's obligations defined in the GTC;
- Non-compliance with a legal or regulatory provision in force;
- Attempted unauthorized connection, by fraudulent use of the system or by usurpation of authentication elements;
- A permanent impediment.
In general, the Client is informed of the possibility of closing his Personal Account at any time and free of charge by
In the event of closure of the Personal Account under the above-mentioned conditions, the Client will receive an email to the address provided when creating his Personal Account informing him of the deactivation of his login, password and closure of his Personal Account.
4. ORDERS Any Order requires the prior creation of a Personal Account by the Customer and its authentication via the Personal Account.
The sale of Products on the Site is exclusively reserved for retail sale to Customers over 18 years of age.
To place an Order, the Customer must follow the online purchase process described below.
The products presented in the online shop do not represent a legally binding offer, but a non-contractual online catalogue. A summary of the products selected by the Customer after clicking on the "Add to Cart" button is displayed in an overview at the end of the ordering process.
The Customer can check all the data entered during the ordering process and complete or correct them using the "Modify" button. His order data is sent by clicking on the "Buy Now" button and he undertakes to MEL Compagnie des arts to purchase the products listed here (offer).
MEL Compagnie des arts accepts the Order automatically upon receipt. The Customer receives by email directly after the Order is sent an Order and Contract Confirmation which includes the details of the Order.
The text of the Order is recorded by MEL Compagnie des arts and can be sent on request at the end of the transaction. MEL Compagnie des arts recommends that the Client print the Order data and the General Terms and Conditions of Sale in force at the time of the Order. French is the contractual language.
5. CHARACTERISTICS AND AVAILABILITY OF PRODUCTS Before any Order, the Customer inquires about the characteristics of the Products and their suitability for his needs.
The Products available for sale are those listed on the Site. Offers are valid as long as they are visible on the Site.
All brands and references mentioned remain the exclusive property of their respective manufacturers and producers and are used for the sole purpose of facilitating the information of Customers through the identification and nature of the Products marketed.
The Products are offered within the limits of the availability displayed on the Site.
6. DELIVERY OF PRODUCTS Orders are processed and delivered by MEL Compagnie des arts within an average period of 4 working days from the confirmation of the Order by the Customer.
7. RIGHT OF RETRACTATION In accordance with Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify his decision or bear any additional costs, with the exception, where applicable, of return costs.
The period of fourteen clear days runs from the date of withdrawal of the Order. Any claim made after this deadline will not be accepted.
The withdrawal period is set at fourteen clear days from the date on which the Customer or a third party appointed by him, who is not the carrier, has or had the last item in his or their possession, in the event that the Customer has ordered several items in a single order and the items have been delivered separately.
When the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day.
In order to exercise its right of return, the Client must, in order to cancel this contract, explicitly inform MEL Compagnie des arts in writing of your decision (by post, fax or e-mail) by sending it to : MEL Compagnie des Arts, Lucas Hureau, 74 rue du Faubourg Saint Antoine 75012 Paris or by email at firstname.lastname@example.org
The Customer may also use the attached return form for this purpose without any obligation.
To preserve the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the Client cancels a sales contract, MEL Compagnie des arts must immediately reimburse it for all payments made by the Client, including delivery costs (with the exception of additional costs resulting from a method of delivery other than the standard and less expensive one offered by us) and at the latest fourteen days from the date on which the notification was received by MEL Compagnie des arts.
As part of the right of withdrawal, the costs and risks associated with the return remain the responsibility of the Customer.
The Products that the Customer wishes to reship to MEL Compagnie des arts must be returned properly protected, in their original unopened packaging and in perfect resale condition (not damaged, undamaged, unused or soiled by the Customer).
To make the refund, MEL Compagnie des arts uses the same means of payment as that used by the Client during the original transaction, unless another means of payment has been expressly agreed. This refund will under no circumstances be charged to you. MEL Compagnie des arts is entitled to refuse to reimburse the Client until MEL Compagnie des arts has received the items or the Client has provided proof that it has returned the items, whichever comes first. The Customer must immediately return the items and, in any case, at the latest within fourteen days of the date on which he notified MEL Compagnie des arts of his withdrawal. The deadline is maintained if the Customer ships the items before the expiry of the fourteen-day deadline.
In the event of withdrawal and refund, the sums due to the Client shall be automatically increased by the legal interest rate if the refund is made no later than ten days after the expiry of this 14-day period:
- 5% if the delay is between ten and twenty days,
- 10 % if the delay is between 20 and 30 days,
- 20% if the delay is between thirty and sixty days,
- 50 % between 60 and 90 days and an additional five points for each further month of delay until the price of the product is paid and then the legal interest rate.
8. FINANCIAL CONDITIONS 8.1. Prices The prices indicated in the online shop are the final prices, including value added tax.
The prices do not include the costs, to be borne by the Customer, relating to telephone or electronic communications necessary to access the Site.
Shipping costs are excluded from the order price and are therefore extra. Information on shipping costs is specified in Article 15 of these GTC.
Any new taxes or contributions may be passed on to the sale price of the Products, the applicable taxes being those in force on the day the Products are ordered.
MEL Compagnie des arts reserves the right to modify the prices of the Products at any time, the Products being invoiced on the basis of the prices in force at the time of the validation of each Order. The price of the Products that is invoiced is therefore the one indicated at the time of the Order.
Special conditions of sale may be applied as part of the offer to sell the Products on the Site. If this is the case, they are set out precisely in the description of the offer and take precedence over these GTC.
The Order is payable immediately, by credit card (CB, Visa, MasterCard), or deferred by bank transfer.
The price invoiced to the Customer is the price indicated in the Order confirmation which will be sent to the Customer electronically.
The invoice is attached to the package by MEL Compagnies des arts. The Client has the possibility to request a pro forma in electronic format from MEL Compagnies des arts who will make it available to him/her in the "My Orders" area of his/her Personal Account.
Transactions carried out on the Site are entrusted to a secure online payment system, under the responsibility of Mercanet. They are secured by a solution that features highly secure pages for entering payment data: card number, expiry date and visual cryptogram. This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.
In the event that the Customer's account does not have sufficient coverage or that the Customer unduly objects to the direct debit, the shipping costs are excluded from the price of the order and are therefore additional. Please refer to paragraph 15 of these GTC for information on shipping costs.
MEL Compagnie des arts may charge the client an application fee of 10 euros.
In the event of late payment, MEL Compagnie des arts is entitled to claim late payment compensation up to 5% on the base interest rate announced by the European Central Bank per year for individuals and up to 6 points on the base interest rate announced by the European Central Bank per year for companies. In addition, MEL Compagnie des arts may charge a flat rate of ?7.50 per formal notice, with the exception of the first reminder. If MEL Compagnie des arts is able to demonstrate a higher loss due to late payment, MEL Compagnie des arts is entitled to claim it.
The Client is entitled to prove, in the above-mentioned cases, that MEL Compagnie des arts has not suffered any damage or that it is less than the fixed amounts mentioned above.
PRODUCTS DEMEURATE THE WHOLE OWNER OF MEL Arts Companies UP TO THE FULL PAYMENT OF THE PRICE, WHAT THE CLIENT RECOGNISES AND ACCEPTS.
9. WARRANTIES The Products are guaranteed against defects in conformity and fundamental defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 217-1 et seq. of the Consumer Code, from the date of delivery:
- Article 1641 of the Civil Code: "the seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them".
- Article 1648 paragraph 1 of the Civil Code: "the action resulting from the prohibitive defects must be brought by the purchaser within two years of the discovery of the defect".
In accordance with the provisions of articles 1641 et seq. of the French Civil Code, the implementation of the hidden defect guarantee only applies to hidden defects in the Product purchased by the Customer, which prevent its use or affect it to such an extent that the Customer has not acquired it.
The Customer will not be able to claim the benefit of the guarantee against hidden defects for apparent defects that he may have observed at the time of purchase of the Product.
It is the Customer's responsibility to prove by any means the existence of the hidden defect (for example by providing supporting documents such as certificates or repair estimates or by carrying out an expertise) and to present all supporting documents necessary to support his request (estimate, invoice).
The Customer who intends to implement the guarantee against hidden defects may choose:
- Keep the Product and ask for a price reduction;
- Return the Product and request a refund of the price paid as well as the costs incurred by the sale.
The implementation of legal guarantees by the Client with MEL Compagnies des arts does not entail any costs for the Client. The Customer who requests the refund will be refunded by within a maximum period of 14 days after return of the non-conforming Product(s).
- Article L 217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
- Article L 217-5 of the Consumer Code: "The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between 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 211-12 of the Consumer Code: "the action resulting from the lack of conformity is prescribed after two years from the delivery of the goods".
Conformity defects that appear within six months of the delivery of the Products to the Customer are presumed to exist at the time of delivery, unless proven otherwise.
The Customer may require the Product to conform to the Order unless:
- If he was aware of this defect when ordering the Product from the Site;
- If he could not have been unaware of the existence of this defect when he ordered the said Product;
- If the existence of the lack of conformity is not demonstrated.
In the event of a lack of conformity of the Product(s), the Customer may benefit from the identical replacement of the acquired Product(s).
The Customer may also request a refund of the Product(s):
- If it is not possible to replace the Product(s);
- If the replacement of the Product(s) cannot be implemented within one month of the Customer's complaint;
- If this solution cannot be done without major inconvenience for the Customer given the nature of the Product(s) and the use it is seeking.
The Customer is informed that he will not be able to obtain the cancellation of the sale of the Product(s) and their refund if the lack of conformity is minor. 10. EXCHANGE/REFUND In the event of a delivery error, i.e. for cases where the Customer receives a Product other than the one ordered or a damaged Product, the Customer undertakes to inform MEL Compagnies des arts as soon as possible, which will indicate the procedure to be followed to return his Product(s).
The Product(s) should preferably be returned in their original packaging with the accompanying documents.
The Customer then has the choice between:
- Cancellation of the Order of the Non-Conforming Product(s) and refund of the sums paid;
- The execution of the Order and the exchange of the non-conforming Product(s) by a Product(s) in conformity with the Order.
The Customer will be refunded within a maximum period of 14 days after the return of the Product(s) for an amount corresponding to the price of the Product(s) purchased on the Site. 11. RECLAIMATIONS For any information or question, for a follow-up of the Order, for the exercise of the right of withdrawal or to exercise the legal guarantee under the conditions defined in article 9 of these GTC, the Client must contact MEL Compagnie des arts at the coordinates specified in the footer accessible from all the pages of the Site. 12. OBLIGATIONS AND LIABILITY
MEL Compagnie des arts reserves the right to modify the information contained in its Site at any time and without notice.
MEL Compagnie des arts undertakes to describe with the greatest accuracy the Products sold on the Site and to ensure that the information contained therein is updated as accurately as possible.
However, MEL Compagnie des arts cannot guarantee the accuracy, precision or exhaustiveness of the information made available to Customers within the Site concerning the Products.
The Client acknowledges that MEL Compagnie des arts cannot be held liable for any material or immaterial damage, direct or indirect, whatever the cause (including damage that may be caused by the possible spread of viruses, computer fraud, due to the constraints and limits of the Internet network or the loss, deterioration or alteration of files) nor for the consequences resulting from:
- Its use of the Site, its Services and functionalities and/or the interpretation of its Content;
- The impossibility of having access to the Site, Services and Content, with the exception of direct damage resulting from gross or intentional misconduct.
The Client remains fully and personally responsible for the use of the Site under the conditions of common law. He acknowledges that he alone makes any decision based on the Services and Content, if any.
In general, Customers undertake to use the Site:
- In compliance with laws, regulations and the rights of third parties, in particular intellectual and industrial property rights;
- In a fair manner and in accordance with its destination.
It belongs to them in particular:
- To meet their security obligations, in accordance with the "Security" article
of these GTC;
- To use the Site, its Services and Content in compliance with the GTCs and the legal and regulatory provisions in force;
- Not to market all or part of the Services or Content accessible via the Site.
In the event of non-compliance with one or more provisions of these GTC, access to the Services accessible via the Site may be unilaterally, automatically and without notice, temporarily suspended or permanently blocked. 13. CAS DE FORCE MAJEURE MEL Compagnie des arts will not be held liable in the event of inaccessibility of the Site, Services and Content caused by events beyond its control that could not reasonably be foreseen and whose effects cannot be avoided by appropriate measures, and preventing the performance of its obligations ("Force Majeure Event").
The execution of these General Terms and Conditions shall be suspended for as long as the Force Majeure Event lasts and MEL Compagnie des arts shall endeavour, as far as possible, to put an end to the Force Majeure Event or to find a solution enabling it to fulfil its contractual obligations despite the Force Majeure Event. 14. SECURITY It is the Customer's responsibility to take all appropriate measures to protect its own data and equipment from contamination by viruses or other forms of attacks that may circulate via the Site.
Customers are informed of the existence of risks inherent in the use of telecommunications and in particular in terms of:
- Lack of reliability of the Internet network;
- Continuity of access to the Site and its Content and Services is not guaranteed;
- Performance not guaranteed, especially considering the spread of viruses;
- Any other technical constraints that are not under the control and responsibility of MEL Compagnie des arts.
Under no circumstances shall MEL Compagnie des arts be held liable for these risks and their detrimental consequences, whatever their extent, for the Client. 15. DELIVERY - SHIPPING COSTS
Unless otherwise agreed, delivery shall be made ex warehouse to your address or to the address indicated by the CLIENT.
Unless otherwise agreed in writing, delivery times are given for information only.
For all shipments to France and the rest of the world, MEL Compagnie des arts applies flat-rate fees accessible on request at the address indicated in the footer and visible before any order in your basket.
These costs include secure packaging for works of art and insurance of the merchandise
Please select the desired country when ordering online. The corresponding costs will then be displayed. 16. INTELLECTUAL PROPERTY The reproduction or use of all or part of the content of the Site and Platform is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Without prejudice to the rights of manufacturers and producers of Products offered for sale on the Site, and the rights of the service provider in charge of the technical design and maintenance of the Site, MEL Compagnie des arts is the exclusive owner of the intellectual property rights:
- On the Platform, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element composing the Site;
- On the technical databases, their structure designed and managed by MEL Compagnie des arts for the purpose of publishing the Platform;
- On all design elements of the Site and the Platform, whether graphic or technical, except those that are proprietary;
- on the brand, names, acronyms, logos, colours, graphics, or other signs that could be used, created or implemented by.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on the elements made available on the Site, and more generally to use or exploit these elements other than in the context of the execution of these GTC.
With the purchase of a lithograph, the Client only acquires ownership of the lithograph. No other right of use is granted. Any reproduction, distribution, rental, making available to the public or other analog or digital use is prohibited if not authorized by law. 17. PROTECTION OF PERSONAL DATA The Ordering of Products on the Site requires the collection and processing of the Customer's personal data - administrative data, including in particular data collected at the time of the creation of his Personal Account and at the time of the Order.
As such, MEL Compagnie des arts identified at the top of this document assumes the status of data controller within the meaning of the Data Protection Act.
In accordance with Article 6.1. a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("DGPS"), the processing of Customers' Personal Data is based on the acceptance of these GTC.
As such, the Customer has the right to object to the hosting of his Personal Data with a third party hosting provider for a legitimate reason, which he may exercise by sending an e-mail or letter to the following address: MEL Compagnie des Arts, Lucas Hureau, 74 rue du faubourg Saint Antoine 75012 Paris or by email at email@example.com
The Client acknowledges that if he/she objects to the hosting of his/her personal data by the host, for regulatory and security reasons, he/she will not be able to benefit from the Services offered via the Site
Each Customer acknowledges that his or her Personal Data collected and processed by MEL Compagnie des arts within the framework of the Site are necessary for the provision of the Services and in particular for the sale of Products online.
The data collected are intended for the Data Controller and all personnel authorised to process Personal Data as well as any subcontractors working for the purposes described above.
Customers' Personal Data will not be disclosed to any unauthorized third party without their consent.
Customers' Personal Data are kept for a period of 5 years from the last order placed.
In accordance with the amended law of 6 January 1978 relating to data processing, files and freedoms, amended and the DGMP, each Client is the owner:
- A right to access and request correction of their Personal Data;
- A right to delete their Personal Data;
- The right to communicate his or her instructions regarding the fate of Personal Data after death;
- The right to request a processing limitation;
- The right to oblivion and digital erasure;
- The right to the portability of its data,
- The right to appeal to the CNIL.
Customers also have: - A right of opposition;
- The right to withdraw their consent at any time.
To exercise his rights, the Client may contact, by providing a copy of a proof of his identity:
Directly to the postal address: MEL Compagnie des Arts, Lucas Hureau, 74 rue du faubourg Saint Antoine 75012 Paris or by e-mail: firstname.lastname@example.org
MEL Compagnie des arts implements all security measures to ensure the protection and security of Personal Data, in particular with regard to unauthorized access by a third party.
Any Customer may agree to receive information relating to the Products or services
In accordance with current legislation, such information will only be sent to the Client if and only if he has expressly agreed to receive it. The Customer may at any time object free of charge to the sending of these newsletters directly to his Personal Account or by clicking on the unsubscribe link in all newsletters.
19. PROOF AGREEMENT - ELECTRONIC SIGNATURE The Client acknowledges and accepts that the proof of acceptance of the T&Cs is characterized by ticking the box "I accept the General Terms and Conditions of Sale".
Acceptance of the Order constitutes proof of the entirety of the Order in accordance with Article 1366 of the French Civil Code and is valid for the sums incurred for its performance.
The computerized records kept in the Site's computer systems, under reasonable security conditions, will be considered as proof of communications and the various transmissions of information between the n and the Client.
The storage and archiving of information and data is carried out on a reliable and durable medium, in accordance with article 1379 of the Civil Code and articles 1 to 6 of the Decree of 5 December 2016 on the reliability of copies and taken for the application of article 1379 of the Civil Code.
The Client acknowledges and accepts that the use of his login and password constitutes an electronic signature within the meaning of the provisions of articles 1366 et seq. of the French Civil Code and expresses his consent by characterizing his proof.
In accordance with the provisions of articles 1366 et seq. of the Civil Code, the implementation of an electronic signature, on the basis of a reliable identification process guaranteeing its link with the document to which it is attached, is considered as a valid signature and as proof within the meaning of the aforementioned provisions.
In the event of a conflict between MEL Compagnie des arts' computerized systems and any written document or electronic file in the Customer's possession, it is expressly agreed between the parties that the computerized systems of the Site shall take precedence over the Customer's documents and shall alone be admitted as evidence. 20. HYPERTEXT LINKS - COOKIES 20.1. From the Site The Site allows access to third-party websites whose contents are published under the sole and entire responsibility of their publisher and within the framework of specific conditions of use of which each Internet user must be aware.
MEL Compagnie des arts is not in a position to control and validate all the content and services offered on these third-party sites. As such, each Internet user accesses third-party sites under his sole and entire responsibility, including when links have been provided from the Site.
20.2. To the Site Any implementation of a link to the Site requires the express prior authorization of MEL Compagnie des arts which can be requested at the following e-mail address: email@example.com 20.3. COOKIES The cookie is an alphanumeric file that is placed on the visitor's computer terminal, smartphone, tablet, mobile, etc., when connecting to the Site.
MEL Compagnie des arts reserves the right to install a "cookie" in the computer of any Internet user visiting the Site in order to:
- To record any information relating to its navigation within the Site such as, in particular, any information relating to the pages consulted and the dates and times of consultation on the Site;
- To improve navigation within the Site;
- To establish statistics and volumes of frequentation and use of the various elements composing the Site (sections and contents visited, route, date and time of consultation...), allowing to improve the interest and ergonomics of the Site;
- To recognize any Internet user's browser as a former registered visitor, to remember all the preferences that may be sent when using the Site by their browser;
- To adapt the presentation of the Site to the display preferences of any Internet user (language used, display resolution, operating system used, etc.) during their visits to the Site, according to the display or reading hardware and software that their terminal contains.
As such, and for cookies that do not have the exclusive purpose of allowing or facilitating navigation, an information banner is displayed when the Internet user connects to the Site in order to inform him before depositing these cookies:
- The precise purposes of the cookies used;
- The right of access to the data collected;
- The possibility of opposing the deposit of cookies for the analysis of your navigation, and the fact that continuing navigation is equivalent to agreeing to the deposit of cookies on your device;
- Procedures allowing it to change the parameters (internal configuration, opposition to tracking, or browser configuration), for the purpose of depositing cookies to access information already stored in its terminal, if applicable.
Via the banner, the Customer is invited to express his consent to the deposit of cookies for the purpose of accessing information already stored in his terminal, if applicable.
The information collected is under no circumstances passed on to third parties. 21. MODIFICATIONS OF THE GTC AND EVOLUTIONS OF THE WEBSITE MEL Compagnie des arts SITE reserves the right to modify at any time these GTC or the rules concerning the use of the Site, its Services and Content.
Each new version of these GTC will be posted on the Site. Each Customer is required to consult these General Terms and Conditions on a regular basis.
MEL Compagnie des arts also reserves the right to change the Site, Services and Content. Technical modifications may be made without notice. In addition, MEL Compagnie des arts reserves the right to temporarily or permanently suspend access to the Site, without delay or compensation of any kind whatsoever.
22. RECLAIMATIONS - FRIENDLY SOLUTION For any claim related to the use of the Site, its content, Product Orders placed through the Site and generally any conflict or dispute related to the execution of these GTC, the Client may contact in writing MEL Compagnie des arts
- By sending an email to the following address: firstname.lastname@example.org
- By sending a letter to the following address: email@example.com
In the event that the Client and MEL Compagnie des arts are unable to reach an agreement that will resolve this dispute, the Client is informed that he or she may refer the matter free of charge to the consumer builder, who is competent for any dispute relating to the performance of a contract covered by these general conditions of sale.
The Client is informed that he may only have recourse to a consumer mediator for the amicable resolution of the dispute between him and MEL Compagnie des arts if he is able to justify having previously attempted to resolve his dispute directly with MEL Compagnie des arts by a written complaint.
23. FRENCH LAW The Site has been designed for French Customers residing in Metropolitan France or in the French Overseas Departments and Territories. These GTC are governed by French law.
Consequently, Customers acknowledge that, in general, any information disseminated and/or exchanged there may not be consistent or appropriate outside France.
If no amicable settlement is reached, any dispute relating to the Site or in connection with its use will be submitted to the French courts.