Terms and conditions of sale
The online store of the meltem.store website has been set up by the company Kiss my art Paris, operator of this website. Any order taken under a product appearing in the online store of the meltem.store website implies the acceptance of the present general conditions.
Consequently, the consumer acknowledges being perfectly informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products within the framework of the website store.
The online store set up by the company Kiss my art Paris within the framework of the website mentions the following information:
– Presentation of the essential characteristics of the goods offered.
– Indication of the price of the goods in euros, and if necessary, the delivery charges.
– Indication of the terms of payment, delivery or execution.
– The existence of a right of withdrawal.
– The validity period of the offer or price.
All this information is presented in French language. The consumer declares to have the full legal capacity allowing him to engage under the present general conditions.
Article 1 : Generalities
The present general conditions of sale of the company Kiss my art Paris define the rights and obligations of the parties within the framework of the sale of products through the online store (electronic) of the site meltem.store to the customer. The customer declares to have taken knowledge of it and accepted the rights and obligations relating to it.
Kiss my art Paris is a company domiciled in Paris (75001), 25 rue Danielle Casanova, and registered at the Chambre des Métiers de Paris.
Article 2 : Terminology
The products offered for sale by Kiss my art Paris on its online store will be hereafter referred to as the “products”. Each person wishing to benefit from Kiss my art Paris products and who complies with the present terms and conditions will hereafter be referred to as a “customer”; each order placed by a customer under the conditions provided for will hereafter be referred to as “the order”.
Article 3 : Description of the products
The information mentioned on each product sheet is given as an indication only. The products offered are in accordance with the French legislation in force and the standards applicable in France.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. If errors appear, Kiss my art Paris cannot be held responsible, nor in case of modification of the products’ characteristics by the suppliers. Kiss my art Paris commits itself to provide the best efforts to correct errors or omissions as soon as possible after having been informed of them.
Kiss my art Paris cannot be held responsible for the non-execution of the contract in case of stock shortage and unavailability of the product, force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, floods, fire.
Hypertext links can lead to other sites than the meltem.store website. Kiss my art Paris declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
Kiss my art Paris guarantees the client buyer, with respect to hidden defects that may affect the delivered products, in the context of a replacement of the defective products, or of the parts that make them unfit for use, or their reimbursement, without being able to be considered by the client buyer as responsible for the possible harmful consequences that these hidden defects may have caused.
Article 4 : Ordering terms
The company Kiss my art Paris presents on its website the products to be sold with the necessary characteristics that allow to respect the article L111-1 of the Code of consumption, which foresees the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to buy.
The offers presented by the company Kiss my art Paris are valid only while stocks last. Kiss my art Paris reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.
Customers guarantee that they are fully authorized to use the credit card and that this credit card gives access to sufficient funds to cover all costs resulting from the sale of products on the Kiss my art Paris online store. Only persons legally capable of entering into contracts concerning the goods and services offered on the site can order on the meltem.store site.
In accordance with the law of March 13, 2000 on electronic signature, any order form signed by the customer by “double click” constitutes an irrevocable acceptance which can be called into question only in the cases restrictively provided for in the present general conditions of sale such as “right of retraction” and “out of stock”.
The “double click” associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.
Article 5 : Order confirmation
The data recorded by Kiss my art Paris constitutes the proof of all transactions between Kiss my art Paris and its customers. The contractual information is presented in French and will be confirmed by email at the latest at the time of delivery.
Kiss my art Paris reserves the right not to confirm an order for any reason, notably due to a product supply problem or a problem concerning the order received.
Kiss my art Paris recommends that its customers keep a paper or reliable computerized record of their order. The customer must verify the completeness and conformity of the information he provides to Kiss my art Paris. Kiss my art Paris cannot be held responsible for possible data entry errors and the consequences in terms of delays or delivery errors. In this context, all the expenses engaged for the forwarding will be the responsibility of the customer.
Article 6 : Proof of the transaction
The computerized registers, kept in the computer systems of the company Kiss my art Paris in reasonable conditions of safety, will be considered as the proof of the communications, the orders and the payments occurred between the parts. The archiving of purchase orders and invoices is done on a reliable and durable support that can be produced as proof.
Article 7 : Prices
The prices of the products are indicated in euros including all taxes and are applicable only at the date of the sending of validation of the order by the consumer. They do not include logistical preparation and delivery costs, which are invoiced in addition, and are indicated before the validation of the order.
The totality of the payment must be realized at the time of the order, except specific offer indicated on the site. At no time, the sums paid can be considered as deposits or down payments.
For a delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery.
The formalities related to this are also the exclusive responsibility of the customer unless otherwise indicated. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
Kiss my art Paris reserves the right to modify its prices at any time and to refuse any order from a customer with whom there is a dispute.
Article 8: Availability of products
The offers contained in this site are valid as long as the products which relate to it remain on line and until exhaustion of stocks. The order will be executed at the latest within 30 days from the day following the day when the customer’s order has been definitively validated (payment received and order verification procedure completed).
In case of unavailability of the ordered product, in particular because of our suppliers, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice to request either a refund, if necessary, of the sums paid within 30 days at the latest of their payment, or an exchange of product of equivalent characteristics and price, if Kiss my art Paris is able to obtain it.
In case of impossibility of exchange, Kiss my art Paris reserves the right to cancel the customer’s order and to refund the sums paid. The information on the availability of the products being transmitted by our suppliers, the unavailability of the product cannot engage the responsibility of Kiss my art Paris nor give right to damages for the customer.
Article 9 : Method of payment
Payment is due at the time of order and will be made by credit card through the secure systems 3DSecure, Paypal or Paybox, so that the information transmitted is encrypted by software and no third party can take cognizance of it during transport on the network.
At the request of the buyer, an invoice will be sent to him.
Kiss my art Paris retains full ownership of the products sold until full payment of all sums due by the customer in the context of his order, including fees and taxes.
The transfer of property of a good bought from Kiss my art Paris by the customer to a third party will not be taken in charge by Kiss my art Paris.
Only the original purchaser of this good can claim access to the clauses of the present general conditions of sale.
Article 10 : Delivery
The geographical area of delivery corresponds to the geographical area of coverage of the offer. The products are delivered to the address indicated by the consumer on the order form. The delivery is considered carried out as of the handing-over of the product to the conveyor. The customer must verify the completeness and the conformity of the information he provides to Kiss my art Paris. Kiss my art Paris cannot be held responsible for possible data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be entirely at the customer’s expense.
Kiss my art Paris cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (total or partial strikes notably of the postal services and means of transport and/or communication). The customer must check the condition of the packaging and the merchandise upon delivery and report any damage due to the carrier on the delivery slip, as well as to the company Kiss my art Paris, within two business days.
Article 11 : Delivery problem
11-a : Delivery problem due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products…) will have to be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the customer.
In the case of a shipment made by the Post Office, if the package arrives open or damaged (notably with the presence of the yellow tape “La Poste”), it is essential that the customer has the letter carrier or the post office establish a “spoliation report” (report 170) so that Kiss my art Paris can open an investigation and a compensation procedure.
The customer will have to confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two working days following the delivery date, stating the aforementioned claims.
The customer will have to simultaneously transmit a copy of this letter (with the original of the “spoliation report” if necessary) by simple mail to : Kiss my art Paris – 25 rue danielle casanova – 75001 Paris – France. Any claim received after the deadline will be rejected.
11-b : Delivery problem due to a delivery error – non conform products
The customer will have to formulate with the company Kiss my art Paris the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the order form. Any claim formulated beyond this deadline will be rejected without possibility of appeal.
The formulation of this complaint with the company Kiss my art Paris must be made by email at the following address: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the company Kiss my art Paris from any responsibility towards the consumer.
Any product to be exchanged or refunded must be returned within 14 working days following the reception of the agreement of return of the company Kiss my art Paris in its entirety and in its original packing in perfect state, in Colissimo Recommandé with insurance covering the market value of the returned products, at the following address Kiss my art Paris – 25 rue danielle casanova – 75001 Paris – France. To be accepted, all returns must be reported to Kiss my art Paris beforehand. The shipping costs advanced by the customer will be reimbursed by Kiss my art Paris (on proof and within the limit of the cost of a registered colissimo shipment), except in the case where the product does not correspond to the original declaration made by the customer in the return form. If the above procedure is not respected, no claim for non-conformity or apparent defect of the delivered products can be accepted.
Article 12 : Right of withdrawal
All products sold benefit from the “satisfied or reimbursed” clause for 14 working days from the date of delivery in accordance with the provisions of the Consumer Code, Article L 121-20, unless otherwise specified during the days of sale.
The customer exercises his right of withdrawal in accordance with Article L 121-20 of the Consumer Code within 14 days from receipt of goods. This right is exercised by returning the product to Kiss my art Paris, only the shipping costs remaining at the customer’s expense.
Kiss my art Paris recommends that the customer return the products by colissimo with a recommendation or additional insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of this merchandise.
The returned product must be in its original condition and packaging. It must not have been used, nor have undergone any deterioration, however slight, and be in a state of perfect cleanliness.
This right of withdrawal is exercised without penalty, with the exception of the return costs which remain the responsibility of the customer.
Within a maximum of 30 days from the receipt of the returned product, the customer will be reimbursed for the sums paid. For this purpose, he will communicate to Kiss my art Paris his bank details.
Article 13 : Intellectual property
Kiss my art Paris holds the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the online store and notably the photographs for which it has obtained the necessary authorizations from the persons concerned.
As such and in accordance with the provisions of the Code of Intellectual Property, the partial or total reproduction, on any medium whatsoever, of the elements composing the site and the product catalog, their use as well as their provision of third parties are strictly prohibited.
Article 14 : Responsibility – Disputes – Applicable law
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, Kiss my art Paris cannot be held responsible for any error in one of these photographs or texts.
Kiss my art Paris cannot be held responsible for damages of any kind, whether material or immaterial or physical, that could result from a malfunction or misuse of the marketed products. It is the same for the possible modifications of the products resulting from the suppliers.
The responsibility of Kiss my art Paris will, in any case, be limited to the amount of the order and will not be held responsible for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products.
Kiss my art Paris cannot be held responsible, towards a customer or a third party, for any indirect damage, loss of exploitation, profit or turnover, occurring in any way, even if this damage or loss was foreseeable by Kiss my art Paris, or if its eventuality had been brought to its attention.
Without limiting the foregoing paragraphs, Kiss my art Paris’ liability under these terms and conditions shall not exceed an amount equal to the amounts paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action involved.
Kiss my art Paris cannot be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of the postal services and means of transport and/or communications, flood, fire, earthquake, floods, lightning.
In case of litigation, the member will address by priority to Kiss my art Paris to obtain an amicable solution.
The present general conditions of sale in French language will be executed and interpreted in accordance with French law. Any dispute that could arise from its validity, interpretation or execution will be submitted to the competent courts.
Article 15 : Personal information
Kiss my art Paris commits itself not to reveal to third parties the information communicated by the customers on the site. This information is confidential. They will be used by its internal services only for the treatment of your order and to reinforce and personalize the communication in particular by the letters / emails of information as well as within the framework of the personalization of the site according to the preferences noted by the users.
In accordance with the law on data processing and freedom of January 6, 1978, you have the right to access, rectify, modify and delete data concerning you.
You can exercise this right by sending us a letter to the following address
Kiss my art Paris – 25 rue danielle casanova -75001 Paris France
Article 16 : Modification of the general sales conditions
Kiss my art Paris reserves the right to modify the general conditions of sale of products on the tilee.fr online store.
In the event that any of the terms of the general sales conditions are considered illegal or unenforceable by a court decision, the other provisions will remain in effect.
Kiss my art Paris
25 rue Danielle Casanova
75001 Paris – France