Terms of sale
General Conditions of Sale and Use of MELVIN & HAMILTON DIGITAL SAS
§1 Preamble
§2 Orders and purchase process
§3 Prices
§4 Retention of title clause
§5 Payment information
§6 Delivery
§7 Provisions relating to consumer rights
§8 Warranty of products purchased on this website
§9 Customer account
§10 Newsletters
§11 Protection of personal data (GDPR)
§12 Cookies
§13 Exemption of liability of the publisher in the performance of this contract
§14 Intellectual property rights relating to the elements published on this website
§15 Amendments
§16 Applicable law and jurisdiction
§17 Amicable settlement
§18 Severability
§19 Waiver
§20 Specific terms for the M&H Club
Annex: Model withdrawal form
§1 Preamble
a) Legal information
www.melvin-hamilton.com (hereafter “the website”) is published by the company Melvin & Hamilton Digital (hereafter “the publisher”), a simplified joint stock company (SAS) with a capital of 93,000 euros, registered with the Trade and Companies Register of Paris under number 518 466 644, and whose head office is located at 32 rue d’Argout, 75002 Paris, France. The publisher can be reached by phone at +33 (0)1 77 75 51 25 or by email at info@melvin-hamilton.com.
Intra-community VAT number: FR94518466644.
This website is hosted by Shopify Inc., a Canadian company listed on the TSX and NYSE, No. 426160-7, 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada.
The managing publisher of this website is Mr Nicolas Metzke, who is also responsible for its editorial content.
b) Purpose
This website is freely accessible to all Internet users. Its purpose is the online sale of shoes, leather goods and related accessories to consumers.
c) Acceptance of the terms
Placing an order on this website implies that the user accepts these general conditions in full. By accepting them, the user acknowledges having read and understood them and waives their own terms. Acceptance takes place when the user ticks the box corresponding to the following sentence: “I have read and accepted the general conditions of sale and use of the website and have taken note of my right of withdrawal.”
Ticking this box has the same value as a handwritten signature. The user acknowledges the evidential value of the publisher’s automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these general conditions implies that users have full legal capacity to do so or, failing that, the authorisation of a guardian or curator if they are legally incapacitated, or of their legal representative if they are minors.
§2 Orders and purchase process
Product availability is indicated on the website, in the description of each item.
To place an order, users can select one or more items and add them to their cart. When their order is complete, they can access their cart by clicking the button provided for this purpose.
In their cart, users can check the number and nature of the items they have chosen, as well as the price of each item and the total price of the order. They can remove one or more items from their cart.
If they are satisfied with their order and wish to confirm it, users can click on the checkout button. They can then log in to their customer account by entering their email address and the one-time verification code sent to them by email. They can also choose to order as a guest, without logging in.
Customers will then be asked to enter or check their delivery and billing details, and to choose a delivery method and a payment method from those offered.
The order summary also informs customers whether they have a right of withdrawal and the time limits that apply. The contract is concluded when the customer clicks the order confirmation button. Customers are then redirected to the secure payment interface to complete their payment.
Once payment has been received by the publisher, the publisher undertakes to acknowledge receipt to the customer electronically within a reasonable period of time. Within the same period, the publisher will send the customer an email summarising the order and confirming that it is being processed. This email includes all the information about the order, the products ordered, their delivery and the customer’s right of withdrawal.
Order cancellation
Customers can cancel their order within 30 minutes of placing it, via our return portal: https://melvin-hamilton-com.returnsportal.online/. After this time, the order is sent to our warehouse for preparation and can no longer be cancelled. Customers nevertheless keep their right of withdrawal under the conditions set out in §7. If an order is cancelled, the full amount is refunded using the same payment method as the one used for the order.
§3 Prices
Prices on the website are shown in euros (EUR), Danish kroner (DKK), British pounds (GBP) or Swedish kronor (SEK), depending on the currency selected by the customer. They include all taxes but exclude delivery charges. Prices can be changed at any time by the publisher. The prices shown are only valid on the day of the order and have no effect for the future.
Delivery charges will always be shown to the customer before payment.
In the case of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may apply. The necessary formalities and the payment of these duties and taxes are not the responsibility of the publisher and are borne by the customer. It is therefore the customer’s responsibility to check this information, as well as whether the product can be imported, with the competent authorities of the country of delivery before ordering.
§4 Retention of title clause
Products sold remain the property of the publisher until their price has been paid in full, in accordance with this retention of title clause. The risks are transferred to the buyer upon delivery.
§5 Payment information
For orders in euros (EUR), users can pay by credit card, Klarna, PayPal, Apple Pay or MobilePay.
For orders in Danish kroner (DKK), British pounds (GBP) or Swedish kronor (SEK), only credit card payments are accepted, via Shopify Payments.
The available payment methods are shown to the customer when confirming the order, before any payment.
Payments are made through secure transactions provided by our payment providers, in particular Mollie, Klarna, Shopify Payments and PayPal. As part of these payments, the publisher has no access to any of the user’s payment data. Payment is made directly to the bank or payment provider concerned.
§6 Delivery
a) Delivery time
Orders are delivered by DHL within ten days after full payment has been received by the publisher.
Certain products or order volumes may require a longer delivery time. If so, this will be expressly stated to the consumer when they confirm the order.
b) Delivery error and apparent defect
The customer agrees to check upon delivery that the product matches the order. Any delivery error or apparent defect must be reported within three clear days of delivery.
c) Damage and partial loss
If a package is clearly and visibly damaged on delivery, the customer must refuse it in order to benefit from the carrier’s guarantee. The customer must also inform the seller immediately, so that a new package can be prepared and shipped as soon as the damaged package has been returned. In this case, the delivery times stated above no longer apply.
Likewise, the customer must refuse any incomplete package or package containing damaged items. In accordance with Article L133-3 of the French Commercial Code, receipt of the transported items extinguishes any action against the carrier for damage or partial loss if, within three days of receipt (excluding public holidays), the recipient has not sent the carrier a reasoned protest by registered letter.
§7 Provisions relating to consumer rights
a) Customer service
Customer service is available Monday to Friday from 10 am to 5 pm CET/CEST at the following number (no surcharge): +33 (0)1 77 75 51 25, by email at hello@melvin-hamilton.com or by post at Melvin & Hamilton Digital, 32 rue d’Argout, 75002 Paris, France. For email and postal requests, the publisher will do its best to reply within two working days.
b) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and indicated by you, acquire physical possession of the last good.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or an email) sent to Melvin & Hamilton Digital SAS, 32 rue d’Argout, 75002 Paris, France, info@melvin-hamilton.com. You can also register your return directly on our return portal: https://melvin-hamilton-com.returnsportal.online/. If you use this option, we will send you an acknowledgement of receipt of your withdrawal by email without delay.
You may use the model withdrawal form in the annex to these general conditions, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to M&H c/o Dirks Fulfillment GmbH, Retoure, Stadtweide 13, 46446 Emmerich, Germany, without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
c) Delay
Any delay in delivery of more than seven days may lead to the cancellation of the sale at the consumer’s initiative, upon written request sent by registered mail with acknowledgement of receipt. The consumer will then be refunded the amounts paid when ordering. This clause does not apply if the delay is attributable to the customer or to a case of force majeure beyond the control of the publisher.
In such cases, the customer agrees not to take legal action against the website and its publisher.
§8 Warranty of products purchased on this website
In the event of a defective product purchased on this website, customers have, under the provisions of the French Civil Code on the legal warranty against hidden defects, a period of two years from the discovery of the defect to request its repair or a refund. Under Article L211-5 of the French Consumer Code, they also have a period of two years from receipt of the product to request an exchange or repair if the delivered product does not conform within the meaning of that article. To exercise any of these rights, customers must contact the website’s customer service and provide evidence of the defect or non-conformity. A hidden defect is a defect which, under normal conditions of use, makes the product unfit for its intended use, and the obligation of conformity means delivering the product as agreed in the contract. The publisher is in particular not responsible for normal wear and tear, poor maintenance, failure to follow the instructions for use, accidental damage or damage resulting from improper use of the products.
§9 Customer account
a) Creating a customer account
Creating a customer account is not required to place an order on this website. To create an account, customers only need to enter their email address. No password is required. They can then add their other details (name, addresses) in their account. Customers agree to provide accurate information, failing which the publisher may terminate the contract and delete the account.
An email address is required to create a customer account. Without a valid email address, the account cannot be created.
b) Operation
The customer account allows customers to view all orders placed on the website and to track the delivery of their purchases.
If the data in the customer account were to disappear as a result of an unforeseeable event, a technical failure or force majeure, the publisher cannot be held liable, as this information is for information purposes only. The publisher nevertheless undertakes to securely keep all contractual elements whose retention is required by law or regulations.
The publisher reserves the exclusive right to delete the account of any customer who has breached these general conditions (including, but not limited to, when the customer has knowingly provided false information when creating their account), as well as any account that has been inactive for at least one year. Such deletion does not constitute damage for the customer concerned, who is not entitled to any compensation as a result.
This exclusion does not prevent the publisher from taking legal action against the customer where the facts justify it.
c) Login
Access to the customer account is password-free: each time customers log in, a one-time verification code is sent to their email address. Customers are responsible for the security of their email account and agree not to share this code with anyone. Otherwise, the website cannot be held liable for unauthorised access to a customer’s account.
§10 Newsletters
By ticking the box provided for this purpose or by expressly giving their consent, customers agree that the publisher may send them, at a frequency and in a format of its choice, a newsletter that may include information about its business.
By ticking the box provided for this purpose, users agree to receive commercial offers from the publisher for products and services similar to those ordered.
Our newsletters may contain tracking pixels that measure whether they are opened and whether the links they contain are clicked, so that we can assess the effectiveness of our communications and tailor them to your interests. These pixels are only used with your consent, which is collected when you subscribe to the newsletter. You can withdraw this consent at any time by contacting us at gdpr@melvin-hamilton.com or by unsubscribing from the newsletter.
Subscribers can unsubscribe from the newsletter at any time by clicking the link provided for this purpose in each newsletter.
§11 Protection of personal data (GDPR)
a) Overview / Purpose / Duration
Users are free to provide personal data about themselves. Providing personal data is not required to browse the website. However, creating a customer account and placing an order require the publisher to collect certain personal data about users.
The data collected is necessary for the proper administration of the services offered on this website and for the publisher to meet its contractual obligations. The publisher keeps this data solely in this capacity and undertakes not to use it for any other purpose, nor to pass it on to third parties without the express consent of users, except where required by law.
The contact details of all registered users are kept for a maximum of one year after the deletion of their customer account, a reasonable period necessary for the proper administration of the website and normal use of the data. This data is kept securely, using current technical means, in compliance with the GDPR.
b) Right of access, rectification and objection
In accordance with the GDPR, users have the right to object to, query, access and rectify the data they have provided. To exercise these rights, they simply need to contact the publisher by email at gdpr@melvin-hamilton.com or by post at the publisher’s address given at the beginning of these general conditions.
Personal data collected is processed electronically and is reserved exclusively for the publisher’s use. It is not transferred abroad.
The data controller is Mr Nicolas Metzke.
CNIL declaration number: 1607682.
c) IP address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all users. This IP address will be linked to the user’s account to ensure the security of the system. It is collected anonymously, kept for the same period as the personal data, and used only for the proper administration of the services offered on this website. An IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet.
The publisher must disclose a user’s personal data to the police (upon judicial request) or to any person (upon court order). The IP address of any computer may be matched with the actual identity of the subscriber held by their Internet access provider.
§12 Cookies
a) Overview / Purpose / Duration
To offer all users optimal browsing and better operation of the website’s interfaces and applications, the publisher may place a cookie on the user’s device. This cookie stores information about browsing on the website (date, pages, times) and any data entered by users during their visit (searches, login, email). Cookies are kept on the user’s device for a variable period of up to one year and may be read and used by the publisher during a later visit to the website.
b) Right to block cookies
Users can block, change the retention period of, or delete this cookie via their browser settings (generally: tools or options / privacy). In that case, browsing on this website will not be optimised. If systematically disabling cookies prevents the user from using certain services or features offered by the publisher, this cannot constitute damage for the customer, who is not entitled to any compensation as a result.
c) Deleting cookies
Users can also delete cookies already stored on their device via the relevant browser menu (generally: tools or options / privacy). This does not affect their browsing on this website, but they will lose the benefits provided by the cookie and will have to enter their details again.
§13 Exemption of liability of the publisher in the performance of this contract
If the website cannot be accessed due to technical issues or for any other reason, the customer cannot claim damages or any compensation.
The publisher cannot be held liable for the non-performance or improper performance of the contract that is directly or indirectly attributable to the customer or to a case of force majeure, as defined by French courts.
The unavailability of one or more products, even if prolonged and without any time limit, does not constitute damage for users and cannot give rise to any claim for damages against the website or its publisher.
The publisher guarantees that the visual representations of products published on this website are faithful to reality, in order to meet its obligation to provide complete information. However, given current technology, the rendering of these representations, particularly in terms of colour or shape, may vary from one device to another or differ from reality depending on the quality of the screen, graphics hardware or display resolution. These variations and differences cannot be attributed to the publisher, whose liability cannot be engaged on this basis.
Hyperlinks on this website may lead to other websites. The publisher cannot be held liable if the content of these websites breaches the laws in force, or if a user’s visit to one of these websites causes them harm.
§14 Intellectual property rights relating to the elements published on this website
All elements of this website belong to the publisher and are protected by intellectual property law.
Users therefore acknowledge that, without authorisation, any total or partial copying, distribution or use of one or more of these elements, even modified, may give rise to legal proceedings against them by the publisher or its successors.
This protection covers all textual and graphic content of the website, as well as its structure, name and graphic identity.
§15 Amendments
These general conditions may be amended at any time by the publisher or its representative. The general conditions that apply to the user are those in force on the date of their order. The publisher undertakes to keep all previous versions of its general conditions and to send them to any user who requests them.
§16 Applicable law and jurisdiction
These general conditions are governed by French law and subject to the exclusive jurisdiction of the French courts. The language of the contract is French. This English translation is provided for information purposes only.
§17 Amicable settlement
Except where public policy provisions apply, any dispute arising from the performance of these general conditions may, before any legal action, be submitted to the publisher with a view to an amicable settlement. Requests for amicable settlement do not suspend the time limits for bringing legal action.
§18 Severability
If any clause of these general conditions is declared void by a court decision, this shall not affect the validity of the other clauses, which shall remain in force.
§19 Waiver
The fact that the publisher does not, temporarily or permanently, rely on one or more clauses of these general conditions shall in no case be considered a waiver of its right to rely on the other clauses.
§20 Specific terms for the M&H Club
Melvin & Hamilton Digital SAS is the owner of the “M&H Club” loyalty programme, in which you can collect points for every purchase and for certain special activities described in the programme. You automatically join the M&H Club when you create a customer account and accept the general conditions. Membership is free of charge.
Conditions for collecting points
You can collect points once you have created a customer account.
Ways to earn points
You can earn points for every purchase you make as a member. If you cancel your order or return items, the corresponding points will be deducted from your points balance. You cannot earn points on delivery costs. Your points will appear automatically in your customer account after your purchase or after completing a special mission.
Redeeming points
You can redeem your points for voucher codes or products once you have reached the required amount. Points cannot be paid out in cash or redeemed for shipping costs. Points are strictly personal and cannot be transferred. Only the account holder may redeem their points. Points can only be redeemed on the online store where they were earned. Points that are not redeemed within 12 months of being earned will expire.
Your status in the M&H Club
Once you have created a customer account, you automatically get the “MEMBER” status. This status is not transferable.
Once you have collected 1,600 points, you automatically get the “VIP” status. This status is not transferable.
Changes to the M&H Club / Conditions of participation, cancellation and termination
The publisher reserves the right to discontinue, amend or change the M&H Club with reasonable notice. For an important reason, such as a change in the legal situation, court rulings or market conditions, it may do so without such notice, while reasonably safeguarding your interests.
The publisher also reserves the right to amend or supplement the conditions of participation where necessary, in particular to prevent abuse.
You will be notified of changes in your Melvin & Hamilton customer account or in advance by email to the address in your customer account. A change is deemed approved if you do not object within one month of receiving the notification. If you do not accept the changes or object to them, you will unfortunately no longer be able to take part in the M&H Club and we will have to block your Melvin & Hamilton customer account.
The publisher may terminate and block a customer account’s participation in the M&H Club at any time for good cause, for example if the participant breaches these conditions of participation.
Annex: Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To Melvin & Hamilton Digital SAS, 32 rue d’Argout, 75002 Paris, France, info@melvin-hamilton.com:
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
