Conditions of sales
TABLE OF CONTENT
- 1. SCOPE
- 2. PRESENTATION OF THE COMPANY
- 3. ACCEPTANCE OF TOS
- 4. THE PRODUCTS, OVERVIEW AND VALIDITY
- 5. THE "E-RESERVATION" OPTION
- 6. CONDITIONS FOR PLACEMENT OF ORDER
- 7. ORDERING AND PURCHASE PROCEDURE
- 8. PRICES AND INVOICES
- 9. PAYMENT AND SECURITY
- 10. DELIVERY
- 11. TRANSPORT AND LIABILITY
- 12. RETURN OF ITEMS
- 13. LEGAL GUARANTEES
- 14. CUSTOMER SERVICE
- 15. INTELLECTUAL PROPERTY
- 16. LIABILITY
- 17. PERSONAL DATA
- 18. APPLICABLE LAW
APPENDIX 1: RETRACTION FORM
Article 1 : SCOPE
These Terms of Sale (hereinafter after referred to as "ToS") govern sales between, on the one hand, the non-commercial physical entity, the customer (hereinafter referred to as "You") and secondly the Company BBL, (hereinafter referred to as "BBL”), via its remote sales website for footwear and fashion accessories (hereinafter referred to as the "PRODUCTS"), having the web address www.mellowyellow.fr (hereinafter referred to as the "WEBSITE").
These Terms exclusively concern physical customers.
Article 2 : PRESENTATION OF THE COMPANY
The website is operated by the company BBL, a limited liability company whose trade name is MELLOW YELLOW, with a capital of 3.800.000,00 euros having its headquarters in Paris (75001) 6 rue de I'Amiral Coligny, registered with the Register of Trade and Companies of Paris under number 445 047 194
Article 3 : ACCEPTANCE OF TOS
You declare to have read the ToS and accepted them by checking the "Continue with order, I have read and accepted the Terms of Sale" before completion of the online buying procedure (hereinafter referred to as the "ORDER").
These Terms may be subject to subsequent changes; the version applicable to your purchase is that in force on the WEBSITE at the date you place your ORDER.
Article 4 : THE PRODUCTS, OVERVIEW AND VALIDITY
The products available for sale are those listed on the WEBSITE on the day of its viewing by the Customer
Our PRODUCT offers are valid as long as they are visible on the WEBSITE, and subject to availability. Products are described and presented with the greatest possible accuracy. The photographs and text illustrating the products have no contractual value and are not binding with respect to Mellow Yellow.
Article 5 : THE "E-RESERVATION" OPTION
You can reserve an item viewed on www.mellowyellow.fr WEBSITE, try it in the selected shop and then purchase it. This service does not constitute a sale but merely a product reservation, with no obligation to purchase.
BBL reserves the right to suspend this feature at any time and in particular 48h00 before the start of sales periods or commercial operations.
5.1 Booking procedure
The booking procedure is as follows:
• For each product, the service offers the user a list of the nearest shops that have PRODUCTS in stock for which an e-reservation may be used. When choosing a product, the user selects one of the shops located in mainland France. Users may only place one item in their shopping cart.
• The withdrawal of PRODUCTS in multiple shops will require as many e-reservations as selected shops.
• To withdraw several products from the same shop, multiple reservation carts must be created.
• When the reservation cart is finalized, the WEBSITE requests the user’s email, name and phone number at which they can be contacted by the shop.
• The user then receives the following from the selected shop:
1. an email acknowledging receipt of reservation, stating that the request was sent,
2. an e-mail informing the user of the availability of the product and the withdrawal deadline, or its unavailability. Confirmation of the e-reservation by the user constitutes proof of reservation. This confirmation entails acceptance of all operations on the WEBSITE by the user.
The prices applicable to all products are those in effect on the WEBSITE. The purchase price is that applicable on the day of reservation confirmation by the user. The prices shown on the WEBSITE are applicable to sale on the website and / or e-reservation and may differ from those applied in shops. This price difference cannot be contested by the user.
5.3 Availability of products in shop
The user is invited to verify the availability of items sold on the further details page of each product. The availability of products indicates the stock in the shop selected by the user at the time of viewing. However, it is understood that this availability is indicated for guidance only, and that the products may be sold between the time of reservation by the user and validation of this e-reservation by the shop. Should the reserved product become unavailable, the shop will inform the user.
5.4 Procedure of e-reservation service
Products may be reserved in Mellow Yellow shops located in metropolitan France and participating in the e-reservation service. From the time of the reservation request of the user on the WEBSITE, the shop will process the request within the period indicated by its hours and days of opening (excluding sales periods and public holidays, excluding Sundays). As such, the user acknowledges that this deadline may not be met (in cases other than those listed above), especially in the case of technical problems during reservation by the user, preventing processing of the latter by a selected shop. When an e-mail confirmation of receipt of and availability of the product is sent by the shop selected by the user, the product will remain reserved for 48h00. The date and time of the reservation withdrawal limit will also be given in this email
In order to withdraw a product, the user must present the email or an SMS confirmation and notice of availability of the product. Beyond this deadline, and if the user does not come to purchase the product reserved, this reservation will be automatically cancelled. The product will be made available for sale and will no longer be available to the customer, having exceeded the withdrawal period. Should the user wish to cancel the reservation, they must click on the cancellation link in the reservation confirmation email.
Payment is processed in the shop, when withdrawing the product by any means of payment accepted in the shop in question and according to the terms of sale in effect in the shop. It is specified that the reserved products remain the property of the shop pending full payment of the sale price by the user.
Article 6 : CONDITIONS FOR PLACEMENT OF ORDER
You declare you are at least 18 years of age and to have the legal capacity or have parental authorization allowing you to place an ORDER on the WEBSITE.
You moreover declare not to be purchasing these PRODUCTS for resale.
Article 7 : ORDERING AND PURCHASE PROCEDURE
You can ORDER PRODUCTS on our WEBSITE using the following purchase procedure:
• Select the Products to purchase and add them to your shopping cart (hereinafter after referred to as the "CART") by clicking once on the button "Add to Cart". The cart will contain the reference of the PRODUCT selected, its name, its size, the quantity chosen, the colour chosen and the price (including tax but excluding shipping costs);
• To continue your purchases and your ORDER, simply click on the button "Continue Shopping";
• When you have finished shopping, click "Continue my ORDER" and you'll be sent to the page "review your order." You may then change your ORDER if you wish.
• Create an account or provide your username and password combination;
• On the review your order page you must verify you have read the ToS and have accepted them.
• Go to your account to confirm and enter the details required for delivery
• If you are happy with the ORDER, you need to confirm by clicking once on the button "Confirm order". This second validation of the contract will entail acceptance of your ORDER will be final after payment of the corresponding price. This will occur under the conditions of item 8 of the ToS. It may only be disputed under the provisions provided for by law and these Terms of Sale. After confirmation of the transaction, your ORDER number will be sent to you. We will always send you a confirmation email asking you to validate your ORDER and shipping. When we receive your order, we will check the availability of the product(s) ordered. Should one or more products ordered not be available, we guarantee to deliver the product or arrange a refund via your credit card within 30 days of validation of the order. In the absence of availability of one product in your order, we will ship the remainder of your order, accompanied by a message. We reserve the right to cancel or refuse any ORDER from a CUSTOMER with whom there is an ongoing dispute relating to payment of a previous ORDER.
Article 8 : PRICES AND INVOICES
PRODUCTS prices are indicated in euros with all duties and taxes included, excluding shipping costs (see Article 10 - Shipping). We reserve the right to change prices at any time, without notice.
However, PRODUCTS will be billed based on the prices at the time of validation of your ORDER. The price will be payable in full at the time of purchase.
A summary invoice for your ORDER will be available in the "my account" section.
Article 9 : PAYMENT AND SECURITY
The payment of your purchases will be made using a credit card accepted by our banking partner. No other method of payment will be accepted. Payment is made on the website of our partner. This implies that no private banking information is sent via the YELLOW MELLOW WEBSITE. Payment by credit card is entirely secure. Your order will be processed once payment to the banking service is accepted. You can pay online with confidence by entering the number, the expiration date of your credit card and the security code on the back in the spaces provided for this purpose. The details of your credit card are encrypted thanks to the SSL (Secure Socket Layer) protocol and never sent unencrypted over the network. Payment is made directly to the bank. MELLOW YELLOW never has access to these details, and does not store them on its servers. For this reason, you will be asked for them each time you wish to make a transaction on our WEBSITE.
Article 10 : DELIVERY
10.1: Delivery areas
Delivery is available in mainland France (including Monaco and Andorra) Luxembourg, Spain and Belgium.
The PRODUCTS will be sent to the delivery address provided during the ORDER process, on the payment page.
10.2: Delivery Method
• So Colissimo Home (France and Belgium)
So Colissimo home delivery:
Your package is delivered by hand to your home or to a post box. If size does not allow for delivery to a post box, it will be kept for you at your local post office. This have 10 working days from the arrival of your parcel to come and collect it. After this deadline, it will be returned to the sender. In all cases, you will be notified by letter 24 hours before the delivery of your package.
• So Colissimo other options (France and Belgium)
Delivery to one of 10,000 post offices in France (without the courier calling to your home).
You will be notified of the availability of your package by SMS and email, with a withdrawal order for you to come and withdraw it at the post office within 10 working days. After this deadline, your parcel will be returned to the sender. Delivery to one of 3,000 outlets in our partner network, close to your home, your workplace or holiday location. You will be notified of the availability of your package by SMS and email, with a withdrawal order for you to come and withdraw it within 10 working days. After this deadline, your parcel will be returned to the sender.
• Chronopost (France and Belgium)
Chronopost home delivery:
For all orders processed between Monday morning and Thursday after noon at 3 pm, the package will arrive the next day before 1 pm, to the address of your choice. For all orders between 3 pm Friday evening and Monday morning, the package will arrive on Tuesday before 1 pm. If you are not there to receive the package, it will be delivered to the nearest post office.
• Mondial Relay (France, Spain, Luxembourg and Belgium)
Delivery to Mondial Relay Collection Point:
You will receive a text or email informing you when your parcel is ready to collect from your nearest Mondial Relay collection point, using the collection slip provided, within 10 working days. After this time, your parcel will be returned to sender. Delivery to one of our 5,300 Relay collection points in France, or a collection point of our partner networks abroad, located near your home, work place or holiday accommodation.
In-store delivery :
Your parcel can be delivered free of charge to certain Mellow Yellow stores within 2 to 4 working days from payment of the order on our website www.mellowyellow.com. You then have 15 working days to come and collect your parcel from the store. Your parcel can only be collected upon presentation of a collection code and proof of identity.
To see the list of stores which offer these options, select your store via this link: http://mellowyellow.com/en/boutiques/ then click on "more details" and see the "store services" at the bottom on the right.
If the order is not collected within this 15 day time limit, the order will be cancelled and BBLMellow Yellow will issue a refund.
BBLMellow Yellow reserves the right to deactivate the in-store delivery service during sales periods, or private sales, or to extend the delivery times during such periods.
10.3 Delivery time
Order preparation : BBL Mellow Yellow processes orders from Monday to Friday (except public holiday) in an average time of 48 hours. At certain times (especially in sales periods), the processing time may be longer due to the greater number of orders processed.
La Poste : The maximum delivery time, including transport, will be 15 working days from the date of validation of the ORDER, except where otherwise expressly stated (Chronopost handled within 24hOG at Mellow Yellow and delivered the day after delivery to Chronopost) before placement of the ORDER and final validation. In all cases, the Customer will be sent an email when the package is sent, as well as tracking details. Each delivery shall be deemed completed when the PRODUCT is delivered to you, by the postal service or the carrier. Should you receive the package after you have cancelled the order, we will begin to issue a refund when we receive the item, provided it is in resalable condition.
Mondial Relay : the maximum delivery time, including transport, will be 15 working days from the date the order is confirmed, unless stipulated otherwise.
10.4 Shipping costs
Shipping costs So Colissimo, France: €5 (including tax)
Shipping costs So Colissimo, Belgium: €7 (including tax)
Shipping costs Chronopost, France and Belgium: €10 (including tax)
Shipping costs Mondial Relay, France, Belgium and Luxembourg: €3 (including tax)
Shipping costs Mondial Relay, Spain: €5 (including tax)
Shipping costs Pickup in store : €0
A delivery note will be included in each parcel. For partial shipments, the delivery note will list the PRODUCTS actually in the parcel and those still to be delivered.
Article 11 : TRANSPORT AND LIABILITY
BBL reserves the choice of carrier.
You are required to verify the State of the packaging and that the PRODUCT delivered corresponds to the order, including as appropriate all issues on the delivery sheet of the carrier. In this case, and if returned PRODUCTS are accepted as indicated in Articles 12 and 13 of the ToS, the return costs will be reimbursed (basic rate applicable).
Article 12 : RETURN OF ITEMS
12.1 Right of retractation
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of 14 days to utilise their right of retraction with no reason. The starting point of the period is the date of receipt of the order by the Customer or a designated third party. If the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended to the next working day. To assert this right of retraction, the Customer must notify MELLOW YELLOW of the decision to retract before the end of this period:
• Either by using the returns procedure (RECOMMENDED)
• Or by using the retraction form in the appendix (Appendix 1)
The Customer may make returns to the address MELLOW YELLOW customer service, Entrepot Siloer La Grange G2, Quai n°9, Route de Chaudron en Mauges, 49110 SAINT PIERRE MONTLIMART in FRANCE . In any event, the customer must return to MELLOW YELLOW, without excessive delay and at the latest within a 14-day period with effect from the communication of the decision to retract, the item(s) in question. The Customer must attach to the package the return slip duly completed (slip located in the invoice footer) or a sheet of paper indicating the number of the command.
In case of acceptance of the right of retraction, MELLOW YELLOW will reimburse the customer the price of the products concerned and, if the entire order is returned, the shipping costs for the least expensive shipping solution offered by MELLOW YELLOW. The customer shall bear the costs of returning such items. Refunds will be made within 14 days of the date on which MELLOW YELLOW is notified by the Customer of the decision to retract. In any event, such reimbursement shall not be payable before recovery by MELLOW YELLOW of the item(s) returned by the Customer, or the provision of proof of return of said items.
The refund will be made according to the method of payment of the returned order, unless the customer agrees with MELLOW YELLOW upon a different method. No refund will be given in cases where the item is damaged as a result of handling other than that required to establish its nature, characteristics and or its similarity to the product ordered.
12.2 Procedure and conditions of return
For all PRODUCT returns, a request must be effected beforehand on your customer page "My Account" within a period of 14 days following receipt of your package.
You must click "Returns" and then choose the number of the order in question. You must select the item(s) you wish to return and confirm your return request. You will then receive a return number and a return label to be affixed to the package.
All Mondial Relay returns will be paid for by Mellow Yellow via a prepaid label and the return parcel must be taken to a Mondial Relay collection point. Customers who do not have a local Mondial Relay collection point will have to contact Customer Services which will make separate arrangements.
You then have 14 days to return your package to the address indicated during your order, the postmark entailing proof of date of return.
In-store delivery :
Some Mellow Yellow points of sale offer the option of a refund or exchange directly in-store for orders delivered to the store. To see the list of stores which offer these options, select your store via this link: http://mellowyellow.com/en/boutiques/ then click on "more details" and see the "store services" at the bottom on the right.
Please note: Returns cannot be handled at partner collection points. Where Mellow Yellow sends a return label, the partner company is the Postal Service.
Upon exercise of the right of retraction within the aforementioned time, only the price of the PRODUCTS purchased and any costs of delivery will be reimbursed upon delivery of the package.
The PRODUCT(S) must be returned in perfect resale condition (not worn, not damaged or soiled), in their original packaging, with any accessories and a copy of the purchase invoice.
In addition, the PRODUCT(S) must not have been worn for an extended period (beyond a few minutes), and shall not bear evidence of prolonged use exceeding the time required to test them. They must be suitable for sale.
The refund will be made by crediting the bank card used during the order, within 24 to 48 hours of receipt of the PRODUCT(S) by Mellow Yellow.
If the PRODUCT(S) are not in perfect condition for resale, the return will be refused.
Article 13 : LEGAL GUARANTEES
All our products enjoy legal guarantees, provided they are used in normal conditions.
Legal guarantee of correct delivery
In accordance with Article L217-4 of the Consumer Code, BBL is obliged to deliver goods which correctly correspond to the contract and are liable for items which do not correspond thereto upon delivery.
Legal guarantee for hidden defects
Pursuant to Article 1641 of the Civil Code, BBL is required to guarantee against hidden defects of the item sold which may render it unfit for the use for which it was intended, or decrease the quality of use such that the buyer would not have acquired it, or would have acquired it at a lower price if such defects were known.
In the case of dispute concerning legal guarantee of correct delivery:
- The buyer has a period of two (2) years from delivery of the product to take action,
- The buyer can choose between repair and replacement, subject to the conditions relating to cost under Article 217-9 of the Consumer Code,
- The buyer is exempted from submitting evidence of the existence of the incorrect delivery of the item for twenty-four (24) months following delivery of the goods,
The legal guarantee of correct delivery is applicable irrespective of any commercial guarantees accorded by BBL.
In case of implementation of the guarantee against hidden defects:
- The buyer has the choice to return the item and receive a full refund, or to keep the item in return for a reduction in the sale price.
In case of detection of incorrect delivery or a defect affecting one or more product(s) within the above time periods, the Purchaser may visit a Mellow Yellow outlet, or contact BBL Customer Care at the number 00 33 01 55 04 81 73 (Monday to Friday from 10 to 18) for information on the procedure to follow.
If the above conditions are met, BBL will exchange the product(s) concerned in the case of incorrect delivery or hidden defects and which patently were purchased from BBL, or reimburse the Purchaser the full amount of such product(s) and the cost of the return of products paid by the Buyer, if any.
Article 14 : CUSTOMER SERVICE
For information, questions or feedback, our Customer Service is at your disposal:
• By phone from Monday to Friday at 10am to 6pm at 01 55.04.8173;
•By email at the following address : firstname.lastname@example.org;
• Address for parcel returns:
The address for returns will be given by customer service. Packages must always include a return number on the packaging, which will be given to you by customer service. Any parcel not having a return number will be refused.
Article 15 : INTELLECTUAL PROPERTY
BBL holds all intellectual property rights relating to all features on the website including the trademark "MELLOW YELLOW" and the domain name www.mellowyellow.fr, and / or all other intellectual property used by BBL.
Any reproduction in whole or in part, modification or use of this trademark, and more generally other intellectual property linked to the WEBSITE, for any reason and in any medium, without the express and prior agreement of the company BBL, is strictly prohibited.
The WEBSITE www.mellowyellow.fr is the exclusive property of the company BBL, the holder of all rights attached thereto.
Unless by the prior and express authorization of BBL, any copy or use of all or part of the WEBSITE or its contents is strictly prohibited.
Article 16 : LIABILITY
The company BBL has, for all areas of the website: ordering, delivery, customer service and further services, solely an obligation of means. The liability of the company BBL cannot be incurred for the inherent disadvantages or damages relating to use of the internet network, including interruption of service, external intrusion or the presence of computer viruses, or any occurrence deemed to constitute force majeure, in accordance with jurisprudence.
In addition, the company BBL cannot be held responsible where the order is not completed, or it is prevented from meeting any of its obligations due to a case of force majeure in accordance with jurisprudence, including cases of strikes or other occurrences preventing completion of the order.
Article 17 : PERSONAL DATA
The automatic processing of information, including the management of users' e-mail addresses, has been dealt with in a statement to the CNIL. In accordance with the law of 6 January 1978, users have a right to access and correct their personal data.
Article 18 : APPLICABLE LAW
These terms are subject to French law.
In case of disputes, BBL and the Customer will attempt to come to an amicable agreement.
BBL is a member of the Federation of e-commerce and distance selling (FEVAD) and the e-commerce mediation service (60 rue la Boetie - 75008 Paris - email@example.com. In the case of failure of such mediation, the French courts will have jurisdiction