Introduction


www.melubie.fr is a platform for online sales of custom pictures.

Mélubie offers a service that allows everyone to compose their own picture through a selection of themes, styles, elements and colors available. Once the account is created, the user can order and buy its creation after selecting the method for making the canvas. All details concerning the principle of creation and realization of Melubie.fr pictures are available on the website under the heading « How it's made ».

These conditions are designed to determine the conditions of use (GCU) and its terms and conditions (GCS) in the context of distance selling of products offered by www.melubie.fr

The Terms & Conditions apply to any user, whether a Member or a Buyer. Any breach of the obligations set forth in these Terms & Conditions may result in suspension or termination of account and the right of access and denial to the immediate and future access to all or part of the site Mélubie.


1. Definitions


For the purposes of this contract :

- the « Service » means all the free services offered on the site Melubie.fr ;
- the « Site » means the Internet portal Melubie.fr ;
- the « User » means an internet user using Melubie.fr whether or not a Member ;
- The « Member » means any registered user of the site Melubie.fr ;
- The « Account » means an individual account established for each Member when registering to the site of Melubie.fr ;
- The « Product » means a painting, a picture, a canvas or other article intended for sale, created using an image generated from the services of the site Melubie.fr ;
- The « Buyer » means the Member who agrees to purchase Products from Melubie.fr ;
- "GCU / GCS" means this contract.


2. Accessibility


The use of services and the opening of an account Melubie.fr are free. The opening of an account on the site is a prerequisite to the purchase of Products on Melubie.fr.

All information contained in this site are in French. The user can however opt for a different version of presentation of the site in English.

To access the Site, the user must have adequate computer equipment :
- A web browser, ideally Firefox, Safari, Chrome or Opera in their latest versions. Internet Explorer is run in versions 7, 8 and 9. IE6 is not supported by this site ;
- The installation of the Adobe Flash Player plugin on your browser is an essential prerequisite to use the virtual workshop to compose pictures ;
- Enabling JavaScript in your browser, so you can navigate more comfortably.


3. Acceptance of Terms of Use


Any use not in accordance with Mélubie.fr Terms & Conditions is prohibited.

By using or becoming a Member of Mélubie, the user agrees to abide by these Terms & Conditions. The user acknowledges that he is fully informed and is held by all provisions of these Terms & Conditions.

Ticking the box "I have read and agree to the terms of use." located at the bottom of the page of creation of an account supposes acceptance by the Member of all the rules laid down concerning its personal information in this present contract.

The fact of ticking the box "I have read and accept the conditions of sale." at the bottom of the payment page of the order implies the acceptance by the Purchaser of all the rules set for the order in this contract.

Any use of the Site is subject to these terms and conditions. You must read these conditions carefully before using the site. f you do not agree with the terms and conditions you must not use the site. Any use of this Site implies acceptance of the terms and conditions without reservation


4. Using the Service


The site offers the following free services :

for users: :
- access to all themes and styles of Mélubie pictures ;
- space dedicated to the composition of customized pictures or paintings ;
- availability of tools to share their creations on Facebook and Twitter ;
- subscription to the Mélubie newsletter to be informed of all developments of the Site.

for members :
- access to the suggestion box to submit their ideas to the Mélubie design studio ;
- a space Account dedicated to modify their information and view the history of their purchases ;
- access to validation steps of the cart to place an order.

How the service and the site work :

The user chooses a theme in the workshop and a model picture. He then accesses a virtual workshop which will allow him to customize the model picture previously selected. A Member may then access the suggestion box to submit ideas for this picture. Once the composition of the canvas completed and validated, a summary of the items and colors selected is displayed. Users can then share their creation on social networks and choose a method of producing if they want to put this product in their shopping cart.

A Member may at any time access to their account to view or modify the information in it. They also have access to the status and history of their order.


5. Placing an order


All orders are considered a proposal for the Purchaser to buy Products in accordance with the Terms and are subject to the agreement of Melubie.fr.

All orders will be made only through the website www.melubie.fr

Creating the order :

With the use of services available on the site, the user can add products in his cart. The cart can contain several products and the access to the cart is the mandatory entry point in order to place an order. Placing an order follows 4 steps :

Step 1 : View Cart
The user sees all the products to order excluding shipping costs and possible promotion code.

Step 2 : Delivery address and Billing
The User is obliged to be a Member to continue his order. Users are prompted to create their account or if already logged in, to view or modify the delivery and billing address.

Step 3 : Order summary
A summary of the order is displayed with the shipping costs and delivery times. The Purchaser may optionally enter a promotion code, add a gift wrap option or leave a comment for the order.

Step 4 : Payment
Payment methods are available to the Purchaser and the order will be created by the validation click on the button "Pay". The order is then pending payment.

The buyer can then view the status of his order in his Account.

Order Confirmation :

The order is considered confirmed once payment is received.

By the very nature of the customized products sold on Melubie.fr, confirmation of the order constitutes an irrevocable commitment for the Purchaser which cannot be questioned. For more details, please go to the "Right of withdrawal for customized objects"

The buyer will receive by email a receipt with confirmation of the order with all the elements of the contract (items ordered, price, delivery times, shipping costs, ...)

Mélubie reserves the right not to confirm an order for any reason whatsoever, including anything due to either a problem of supply of products, or any problem with the order received.


6. Prices and payment method


Prices displayed

All prices on the Site are in Euros including VAT but excluding options delivery charges. In accordance to article 293 B of the CGI, the Value Added Tax is not applicable to the price of the products sold on Melubie.fr

We reserve the right to change our prices at any time but we are committed to applying the current rates that were displayed on the Site at the time of your order.

The price established when purchasing is firm and final and any additional costs for options and shipping will be indicated in the summary of the order.

Method of Payment

Payment of the entire price of the order is due after creation of the order. The customer agrees to pay the total amount specified in the order summary.

Upon receipt of payment, an invoice will be emailed to the address provided by the buyer when the order was placed.

The means of payment available to the Buyer are as follows :

Online payment

All online payments are made ??on Melubie.fr are evaluated and controlled by the platform Paypal. Melubie.fr does not collect any credit card information from the Buyer and you can pay via the following means :

- Credit card
Payment cards are the ones proposed by the PayPal platform that can change depending on the country of the Purchaser. The Buyer guarantees to Mélubie he has the necessary authorizations to use the payment by card when placing an order. It is not necessary to have or create a Paypal account to pay with a credit card.

- Paypal Account
The customer guarantees Mélubie that he has the necessary authorizations to use the Paypal payment method when placing an order.

If any payment is not settled within 3 days from the date of the creation of the order or if the payment is rejected or refused, Mélubie reserves the right to send you a follow-up e-mail and to cancel the order.

Payment by Cheque (only available for French Buyers))

For payment by check, simply send us your check with the information we will provide you when ordering. The details of the information to write down on the check are in the tracking information of your order. Upon receipt of your check, we will confirm your order.

Failing reception of the check within 10 days of the creation of the order or in the event the check is rejected by the bank, Mélubie retains the right to send you a reminder e-mail and cancel the order.


7. Delivery


Execution of the order

The order will be carried out within the time specified on the summary of the order and on confirmation of the order by Mélubie.

Shipping restrictions

Melubie.fr delivers to restricted geographical locations. The current list of countries where we deliver is available under Commitments.

However, Melubie develops its activity and the countries where it delivers. If your country is not listed, feel free to contact us so that we establish our priority list of destinations.

Delivery times

Products purchased on Mélubie.fr are delivered to the address specified by the Purchaser when ordering.

Delivery times depend on the method of making the canvas ordered and the country of destination. These times are subject to change at any time but we promise to respect those that have been indicated on the summary of your order.

The current delivery times are available under the heading Commitments.

Carrier

Delivery is deemed to be made upon delivery of the product to the carrier. The Purchaser will receive an email with a tracking number to follow the parcel.

Melubie.fr chose to deliver through the service of La Poste Colissimo against signature.

This choice of delivery enables you to receive your parcel within 48 working hours for France and between 4-8 days for other destinations.

Melubie.fr will do its best to meet the delivery times specified when ordering. However we cannot be held responsible for any consequences due to late delivery or loss of packages caused by others or by you or further to a cause unpredictable and insurmountable constituting an event beyond our control.

Shipping costs

The price of shipping depends on the size of the picture and the country of destination.

The information on the sizes of the oictures and the shipping costs depending on the country of destination can be found under the heading Commitments.

Melubie.fr is committed to reducing shipping costs depending on the type of realization and the number of canvases included in your order. The chart of discounts on shipping is available under the heading Commitments.

No additional duties or VAT will be due for delivery within the European Union. For a delivery outside the European Union, the Purchaser will have to pay the customs duties, VAT or other taxes payable in connection with the importation of goods into the country of delivery. The formalities related to the purchase are also the sole responsibility of the Purchaser, unless otherwise indicated. The Buyer is solely responsible for checking the possibility of importing the products ordered with regard to the law of the territory of the country where they are delivered.

Receiving the parcel

In case you don't receive a parcel within the time specified, an inquiry is conducted with the carrier and may take several days (eg: 21 days at la Poste). During this period, no refund or return can be made.

Upon receipt of your order, you should verify the conformity of the products we shipped with your order and if need be, write down any reservation on the delivery form along with you signature.

Without prejudice to applicable legal guarantees, we recommend that you send any reservations about the lack of conformity of the products at the date of delivery by mail as soon as possible to Mélubie 1461 Fahnestock Road 06700 Saint-Laurent-du-Var (France) or by email via our contact form.

Availability of the Products

In case of shortage or unavailability of the product ordered, we will contact you via email within 5 days from the date of you order to notify you and tell you how soon, this product may be delivered to you. The Purchaser shall confirm by email his choice either to await the availability of the product or to be refunded.


8. Warranty limitations


On Melubie.fr, the User is informed about the essential features of the products. The products are subject to quality control to match the description provided online.

Claims

In case of hidden defect the product will be replaced within a month after the claim free of charge for the Purchaser of the product (exept for the return postage).

In case of error on the product delivered, the Purchaser agrees to return the products concerned within 7 days of their receipt to Mélubie in their original outer packaging and condition. Upon reception of the product in good and due form, Mélubie will send back at its expense, the product initially ordered.

About "Original" hand made paintings

The gallery and the many photos that can be seen under "How it's made" illustrate the visual differences noticeable between the painting created on your computer screen and the result of the realization by hand with paint and collages. The artist Melubie improvises his realization for each painting and cannot warranty a predetermined final result to the Purchaser. Therefore, the final "Original" paintings cannot involve any artistic commitment from Melubie.fr and the Purchaser agrees to accept the artistic choices associated to this kind of realization.


9. Right of withdrawal for customized objects


In accordance with the provisions of Article L.121-20-2 of the Consumer Code you do not have a right of withdrawal if you have ordered from Melubie.fr a Product made according to your specifications or clearly customized. Therefore, you cannot send back your order from Melubie for refund (except for the possibilities of refund described in the present contract).


10. Refund Policy


In case of refund, the Purchaser is refunded according to the payment method used to make the payment of the order : by bank transfer if paid by credit card, on the Paypal account if paid by Paypal or check in other cases.

The Purchaser will receive an email with a note certifying the refund.


11. Availability and operation of Mélubie


Mélubie does not guarantee that the operation of the site www.melubie.fr be continuous and without error. The site may be temporarily interrupted without notice due to technical maintenance.


12. Privacy policy for the members private life


In accordance with the provisions of Law No. 78-17 of 6 January 1978 amended by Law 2004-801 of 6 August 2004 concerning information technology, files and freedoms, the automated processing of personal data carried out from Melubie.fr is subject to a declaration to the National Commission for Computing and Liberties (CNIL) under number 1497713.

Personal Information
The personal information you give us are essential for processing and delivering orders, preparing invoices, their absence leads to the cancellation of your order.

By registering as a Member on the Site, you agree to provide us information about yourself. Communicating false information is contrary to these Terms and the terms of use appearing on the Site.

Personal information collected by Melubie.fr are civility, name, surname, address, email address and optionally, phone number and birth date.

Personal information provided during registration will not be accessible to third parties or transmitted, sold or exchanged. Mélubie assumes responsibility in respect to Members in the case of disclosure of personal information to anyone, even accidental, resulting from their fault alone.

Finally the site may need to collect certain non-personal information about the Member due to the use of the Site, such as the version of the browser and operating system or the IP address of the computer. Melubie.fr does not use cookies and Members will be obliged to reconnect at each new browser session.

Emails
When you register, an email will be sent to confirm the creation of your account.

Each member may, upon registration or at any time, request to receive and, subsequently, request via Mélubie.fr to stop receiving the newsletter Mélubie. All users can also request not to receive the newsletter Mélubie from us by clicking the link provided for this purpose and inserted in the footer of the email we will send you.

Members who have submitted ideas in the suggestion box are likely to receive Mélubie e-mails offering their personal coupon code to order on Melubie.fr.

Delete Account
Each member of the Website has a right to access and modify personal data concerning him directly on the site. For inquiries on permanently deleting an account, please contact us via the contact form available on the site.


13. Limitation of liability


To the extent permitted by law, Mélubie will not be held responsible for any loss or any consequential or incidental damages whatsoever (including loss of business, of opportunities, of data, of profits ) occurring during or after using the website Mélubie.

Melubie.fr will not be held responsible for any consequences resulting from misuse of products sold on its site.


14. Intellectual Property


The website, its overall structure, as well as texts, interactive contents or not, drawings, graphics and any other material from the site are the property of Charles De Lucca - Mélubie. Any total or partial reproduction of this website by any means whatsoever without the express permission of the publisher of the website is prohibited and constitutes an infringement punishable by the articles L 335-2 and following of the Intellectual Property Code.


15. Disclaimer rules


In the event that any provision of these conditions shall be null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and compliance with other conditions. The section titles are only indicative.

The contents of the commitments is formed by the following contractual documents, presented in descending order :
- The present general conditions ;
- The summary of the order ;
- Any additional comment specifically listed on a form or a product description.

In case of conflict between the provisions contained in the documents of different ranks, the provisions of the higher rank document shall prevail.


16. Applicable law


The Terms of Use are governed by French law. Failing amicable settlement, any dispute that may occur between you and Mélubie will be submitted to the competent juridiction whose responsibility is the court of Commerce in Paris.