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 Member area

§ 10 Newsletters

§ 11 Clause to comply with the GDP

§ 12 Clause relating to cookie collection

§ 13 Exemption of liability of the publisher in the frame for 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 Divisibility

§ 19 Other informations

§ 1 Preamble

a) Legal informations

www.melvin-hamilton.com (herafter ´ the website ª) is published by the company Melvin & Hamilton Digital (hereafter "the publisher"), simplified joint stock company (SAS) with a capital of 93.000 Euros registered with the Trade and Companies register of Paris under the number B 51846664400011, and whose head office is located: 32 rue d'Argout, 75002 Paris, France. The publisher can be reached by phone at +33(0)177755125 or email at the following address: info@melvin-hamilton.com.

Intra-community VAT number: FR94518466644

This website is hosted by Hetzner Online AG whose head office is located Stuttgarter Strasse 1, D-91710 Gunzenhausen (Germany) and reachable by phone at: +49 8931 61 00 61.

The managing publisher of this website is Nicolas Metzke, who is also responsible for the website editorial content.

b) Purpose

This website is free of access to all Internet users. Its purpose is the online sale of shoes, leather goods and accessories to consumers.

c) Terms of acceptance

The purchasing of a product on this website implies the acceptance of the terms and conditions laid therein by the user. By the act of acceptance the user recognizes that he has read and understood the terms and waived his own terms. This acceptance will come into effect as the user checks the box corresponding to the following sentence: "I have read and accepted the general conditions of sale and use of the website."

Thus checking of the box will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence of automatic recording systems of the publisher of this website, and except in case he provides evidence to the contrary, he gave up the right to contest in case of a dispute.

The acceptance of these general terms of sale implies from the Internet users that they have the full legal capacity to do, or if not, that they have the authorization of someone responsible for them in case they are incapable or minors.

§2 Orders and purchase process

Product availability is indicated on the website, in the description of each item.

To place an order, internet 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 to this purpose.

By consulting their cart, members will have the opportunity to check the number and nature of the items they chose and verify the price for each item and the overall price of the order. They will be able to remove one or more items from their cart.

On this summary will also be communicated to customers the ability they have or not to exercise their right of withdrawal and the time limits that apply.

If their order satisfy them and that they want to validate it, the internet users will be able to click on the submit button, they will be then transferred to a form on which they can either enter their login if they already have one, or register on the website using the form presented to them, with their personal information.

As soon as they are connected or after they have fully completed the form, customers will be asked to check or change their delivery address and billing information and will be then invited to process to the payment being redirected to this effect on the interface secure payment.

Once payment is effectively received by the website's publisher, he undertakes to acknowledge receipt to the customer electronically within a reasonable period of time. Within the same reasonable period of time, the publisher agrees to send the customer an e-mail summary of the order. This email will confirm that the order is being processed and will also confirm all the information about the order: products ordered, delivery details, customer's right of withdrawal.

§3 Prices

Prices on the website are shown in Euros, all taxes are included, excluding shipping charges. These prices can be modified anytime by the publisher, the prices are only valid the date of the order and do not have effect for the future.

Delivery charges will be indicated to the client prior to any payment.

In case of delivery outside the custom territory of the European Union (Dom-Tom etc.), the customer is informed that customs duties and other taxes may be applicable. Necessary formalities and payment of such fees and taxes are not the responsibility of the publisher and will be the customer responsibility. It is therefore the customer responsibility to check all these data and the possibility of importing the product from the competent authorities of the country of delivery before ordering.

§4 Retention of title clause

Products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. The risks are however transferred to the buyer after delivery.

§5 Payment information

The Internet user can place an order on this website and may make its payment by credit card through Payline and Paypal.

The credit card payments are made via secure transactions provided by the providers: Payline and Banque Populaire. As part of credit card payments, the publisher of this website has no access to any data related to payment of the user. Payment is made directly to the bank.

§6 Delivery

Orders are delivered by DHL within ten days after the full payment is received by the publisher.

Certain products or order volumes may justify a higher delivery time, the fact shall be expressly stated to the consumer's attention during the order validation.

The client agrees to verify that the product complies with the order upon delivery. Any error in delivery compared to the control or visible defect shall be subject to a claim within three clear days of delivery. After this period, the product will be deemed approved in accordance with the customer, who can no longer claim a delivery error or apparent defect.

If at delivery a package is clearly and visibly deteriorated, it is the customer's responsibility to refuse the insurance offered by the carrier. The customer will inform the seller immediately so that a new package is prepared and shipped upon receipt of damaged package in return. In such cases, the delivery times indicated above no longer apply.

Similarly, the client will refuse any package containing incomplete or damaged items. In accordance with Article L 133-3 of the Commercial Code, the receipt of items fails to carry any action against the carrier for damage or partial loss if within three days, excluding holidays, after that of the receipt, the recipient has not notified the carrier, by registered letter. Failing to perform this step, the customer cannot be compensated.

§7 Provisions relating to consumer rights

This website customer service is accessible from Monday to Friday from 10am to 17pm CET/CEST at the following phone number no surcharge applicable: +33 -1 - 77755125, by email at the following email address service-client@melvin-hamilton.com or by mail to following address: Melvin & Hamilton Digital, 32 rue d'Argout, 75002 Paris. In the last two cases, the publisher undertakes to provide a response within two working days.

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (Melvin & Hamilton Digital SAS, 32 rue d'Argout, 75002 Paris France, info@melvin-hamilton.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

You may use the downloadable model cancellation form, but it is not obligatory. You can also electronically fill in and submit the model cancellation form or any other clear statement on our website www.melvin-hamilton.com/revocation-form . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) if the delivery address is within the Europan Union. For non-EU shipments the cost of delivery must be reimbursed.

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and 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 or hand them over to us or M&H c/o Dirks Fulfillment GmbH, Retoure, Wilhelm-Sinsteden-Straße 5, 47533 Kleve, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation 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 the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Any delay in delivery of more than seven days may result in cancellation of the sale initiated by the consumer, upon written request from him, sent by registered mail with return receipt. Consumer will be reimbursed the amount committed by him when ordering. This clause is not intended to apply if the delay in delivery is attributable to the client or to an event of force majeure beyond the control of the publisher.

In such cases, the customer agrees not to exercise legal action against the website and its publisher.

§8 Warranty of products purchased on this website

In case of a defective product purchased on this website, customers, pursuant to the provisions of the Civil Code concerning legal warranty against hidden defects, are entitled a period of two years from the date of discovery of the defect on the product to request repair or refund, and, pursuant to article L211-5 of the Consumer Code they have a period of two years from receipt of the product to request an exchange or repair, in the event that the delivered good do not comply within the meaning given to that word by Article. To exercise any of these rights, it is their responsibility to contact the customer service of this website and demonstrate the defect or the non-compliance. The hidden defect is a defect which, under normal conditions of use, makes the good unsuitable for the use for which it was intended, and the obligation of conformity has to be interpreted as the delivery of the agreed product, the publisher is in particular not responsible of the wear due to the normal usage of the products, their poor maintenance, misuse, accidental damage or dame resulting from improper use of products.

§9 Member area

The creation of a member area is not a prerequisite to any order from a user on this website. To create a member area, members will be asked to provide certain personal information. The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and the account cancellation.

Some information will be deemed essential to the contract and their collection will be essential to the creation of personal space and validation of the contract. The refusal by a member to provide such information will effectively prevent the creation of the member's area and, incidentally, the validation of the order.

b) Operation

This space allows the customer or member to view all their orders submitted through the website and to monitor the delivery of goods purchased.

If the data contained in the personal space were to disappear as a result of a fortuitous event, a technical failure or force majeure, the responsibility of the publisher of this website will not be undertaken, these information having only an informative character. The publisher agrees, however, to keep securely all contractual elements whose conservation is required by law or regulations.

The publisher reserves the exclusive right to cancel the account of any member who may have breached these terms and conditions (including, but not strictly, when the member has deliberately provided false information during his registration and establishment of personal space) or that the account is inactive for at least one year. Such removal will not be liable to constitute a damage for the excluded member who therefore is not entitled to any compensation.

This exclusion does not exclude the possibility, for the publisher, to initiate prosecution court order against the member, when the facts have been justified.

c) Password

When creating the member's area, the user is prompted for a password. This password is the guarantee of confidentiality of information contained in the "My Account" and the member is prohibited from transferring or communicating it to anyone. Otherwise, the website will not be liable for unauthorized access to the member's account.

§10 Newsletters

By ticking the box provided for that purpose or by giving expressly their agreement to this end, members shall agree that the publisher send them, at a frequency and under a format of his/her choice, a newsletter that may include information relating to its business.

When the user ticks the box provided for that purpose, he is agree to receive sales offers for the publisher of this website for products and services similar to those ordered.

The subscriber members have the option to unsubscribe from the newsletter by clicking the link provided for this purpose, in each of the newsletters.

§11 Clauses to comply with RDPR

The Internet users have the possibility to give personal data concerning them. Giving personal data is not required to navigate on the website. However, the registration on the website and the placement of order require the collection, by the publisher, of personal data concerning the Internet users.

Collected data is necessary to the proper administration of the services offered on this website as well as to the respect of his contractual obligations by the publisher. This data is kept by the publisher only as the publisher, and the publisher commits himself not to use the data in another frame, not to give the data to third parties without the express consent of the users except when the law requires it.

Contact details of all the users registered on this website will be saved for a maximum period of one year from the deletion of the member area, reasonable time necessary to a proper administration of the website and to a normal use of the data. These details will be kept in secured conditions, according to the current means of the technology, in the respect of the GDPR

Accordingly to the GDPR, Internet users have a right to oppose, question, access and modify the details they gave. To use that right, they just have to contact the publisher of this website, by sending an Email to: gdpr@melvin-hamilton.com or by the post at the postal address of the publisher mentioned above in these general terms of sale.

Collected personal data is computer processed only to the use of the publisher of this website. Collected personal data are not subject to any transfer abroad.

The responsible of the process is Metzke Nicolas.

Cnil Declaration number: 1607682.

c) IP adress

In addition, the publisher keeps the right to collect the public IP address (Internet Protocol) of any Internet user. This IP address will be associated to the account of the user in the aim of guaranteeing the security of the system. The collection of this IP address will be made in an anonymous way, it will be kept for the same duration as the personal information and will be only intended to allow a good administration of the services proposed on the present website. The IP address corresponds to a series of figures separated from points allowing the unique identification of a computer on the Internet network.

The publisher will have to communicate all the personal data of an Internet user to the Police (on judicial requisition) or to every person (on prescription of the judge). The IP address of any computer can be compared with the effective identity of the subscriber detained by the IAP (internet access provider).

§12 Clause relating to cookie collection

a) Overviews / Purpose / Duration

In order to offer to all the Internet users an optimized navigation on this website and a better operation of the different interfaces and applications, the publisher may proceed to the implementation of a cookie on the computer of the user. This cookie is to keep the information relating to the navigation on the website (date, pages, hours), as well as possible data given by the Internet users during their visit (researches, logins, email, password). These cookies are to be kept on the computer of the user for a variable duration up to one year, and can be read and used by the publisher at the time of a later visit of the Internet user on this website.

b) Right to block the implantation of cookie

The user has the possibility to block, change the shelf or delete this cookie via the interface of his Internet browser (generally: tools or options / privacy or confidentiality). In such a case, the navigation on this website will not be optimized. If systematically disabling the cookies on the Internet browser of the user forbids him to use certain services or functionalities given by the publisher, this malfunction can never constitute damage for the member who can never pretend to any indemnity due to that fact.

c) Cookie deletion

The Internet users also have the possibility to delete the cookies already existing in their computer, by going in the menu of their browser to that effect (generally, tools or options / privacy or confidentiality). Such an action does not have an effect on the navigation on this website, but make them lose the benefits given by this cookie. In such a case, they would have to give again all the details concerning them.

§13 Exemption of liability of the publisher in the frame for the performance of this contract

In case of impossibility to access the website, due to technical issues or any other reason, the client can never sue for damages and cannot pretend to any indemnity.

The publisher can in no way be responsible for the non-fulfillment or for the bad fulfillment of the contract directly or indirectly attributable to the customer or a case of force majeure beyond the control of the publisher.

The unavailability, even if prolonged and without any maximum duration, of one or several products, cannot constitute a damage for the Internet users and can never give rise to damages claim toward the website or its publisher.

The visual representations of the products, published on the present website, are guaranteed by the publisher as perfectly faithful to the reality, to satisfy its obligation of perfect information. However, in the present state of the technique, these representations in particular in terms of color or shape, can vary from one computer to another or differ from the reality according to the quality of the graphic accessories and from the screen or according to the resolution of the displaying. These variations and differences can in no way be attributed to the publisher whose liability can in no way be engaged on this fact.

The hyperlinks that can be found on this website can refer to other websites. The liability of the publisher can never be engaged if the content of these websites contravene the law in force. As well as the liability of this website can never be engaged if the visit by an Internet user, of one of these websites, causes him a prejudice.

§14 Intellectual property rights relating to the elements published on this website

All the elements of this website belong to the publisher and are protected by the Intellectual Property law.

Thus, Internet users recognize that, without authorization, any total or partial copy and any broadcasting or exploitation of one or some of these elements, even modified, will may give rise to a legal proceedings led against them by the publisher or his legal successors.

This protection will concern all the textual and graphic contents of the website, but also its structure, its name and its graphics standards.

§15 Amendments

The general terms of sale can be modified at anytime by the publisher of this website or his attorney. The general terms of sale that apply to the user are those in force at the time of his order. The publisher commits himself to keep all the older general terms of sale to send them to any user who would ask for them.

§16 Applicable law and jurisdiction

The general terms of sale are submitted to French law and subject to the exclusive jurisdiction of the France courts. The contract language is French. This English translation is only indicative.

§17 Amicable Settlement

Except contrarily provided by public order, any litigation than can arise in the frame of the performance of these general terms of sale can, before any action justice, be submitted to the appreciation of the publisher of this website in order to find an amicable settlement. It is expressly reminded that demands for amicable settlement do not suspend the time limit to bring actions in justice.

§18 Divisibility

If one of the clauses of these general terms of sales had to be declared void by a court, it would not render all the other clauses void, and they would remain valid.

§19 Renunciation

The fact, for the publisher, not to use temporarily or permanently one or more clauses of these general terms of sale does never amount for a waiver to use all the other clauses of the general terms of sale.