Terms  & Conditions

DEFINITIONS

 

These Terms and Conditions (hereinafter the "T&Cs") are offered by MELHO Ltd., registered in South Korea (registration number: 131-87-01833) whose head office is located at 5 hyochangwon-ro 69 -gil Yongan-gu, SEOUL, South Korea.

 

Hereinafter we will designate:

- "Site": the site https://www.hellomelhostore.com and all its pages.

- "Product" or "Service": all the products and services that can be purchased or that it is possible to subscribe on the site.

- "Seller": MELHO Ltd., legal or natural person, offering its Products or Services on the Site.

- "Customer": the Internet user, individual or professional, making a purchase of Products or Services on the Site.

- "Consumer", in accordance with the definition of the preliminary article of the Consumer Code: any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.

 

Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these T&Cs before placing an order on the Site.

 

The customer acknowledges having read the T&Cs and accepts them in full and without reservation.

 

 

ARTICLE 1 - APPLICATION OF THE T&Cs AND PURPOSE OF THE SITE

 

The seller reserves the right to modify the T&Cs at any time by publishing a new version on the Site. The T&Cs applicable to the Customer are those in force on the day of his order on the Site.

 

The collection and processing of personal data are provided in the Privacy policy and cookie management section.

 

This Site offers the online sale of clothing, stationery, and accessories.

 

The Site is open and free to all Customers. The acquisition of a Product or Service assumes acceptance, by the customer, of all these T&Cs, who at the same time acknowledges having read them fully. This acceptance may consist for example, for the Customer, of ticking the box corresponding to the acceptance sentence of these T&Cs, for example having the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.

 

Acceptance of these T&Cs assumes that Customers have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator, or his legal representative.

 

The Customer recognizes the value of proof of the Seller's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.

 

 

ARTICLE 2 - CREATION OF A CUSTOMER ACCOUNT

 

The Customer registered on the site has the possibility to access it by connecting using his identifiers (email address, username and password defined during his registration) or possibly by using systems such as third-party connection buttons of social networks. To this end, the Customer will be asked to provide a certain amount of personal information such as his name and surname, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer agrees to provide accurate information. The Customer is responsible for updating his data. He must therefore immediately notify the Seller in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.

 

The Customer is fully responsible for protecting the password he has chosen. He is encouraged to use strong passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the Customer therefore refrains from transmitting or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.

 

The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear because of a technical failure or in the event of force majeure, the Seller's liability could not be incurred, this information having no probative value but only an informative nature. The pages relating to the customer account are freely printable by the Customer who holds the account in question but in no way constitutes proof, they are only of an informative nature intended to ensure efficient management of orders or contributions by the Customer.

 

Each Customer is free to permanently delete his account on the site, accessible from his customer account page. No data recovery will then be possible.

 

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these T&Cs (in particular and without this example being of any kind whatsoever, when the Customer has knowingly provided incorrect information, when registering and of the constitution of his personal space) or any account inactive for a long period. Said deletion will not be liable to constitute damage to the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility of the possibility for the Seller to take legal action against the Customer when the facts have justified it.

 

 

ARTICLE 3 - TERMS OF SUBSCRIPTION OF ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS

 

The Products offered are those which appear in the catalog published on the Site. These Products are offered within the limits of available stocks. If, as a result of an error or an oversight on the part of the Seller, all or part of the Products ordered prove to be temporarily or permanently unavailable, the Customer will be informed by email and a solution will be offered to the Customer.

 

Each product is accompanied by a description established by the Seller or according to the descriptions provided by the supplier.

 

The photographs of the Products in the catalog reflect an image as faithful as possible of the Products offered but do not constitute a commitment insofar as they cannot ensure perfect similarity with the physical Products. Special attention is drawn to colors which may be different depending on the monitor on which they are displayed.

 

The intangible object grouping together all the Products selected by the Site Customer for a purchase by clicking on these elements will be defined below as "Cart". In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his Cart, the content of which can be changed at any time.

 

Once the Customer considers that he has selected and added to his Cart all the Products he wishes to buy, he will have the possibility, to validate his order, to access his Cart by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

 

If he wishes to validate his order, the Customer must check the box relating to the ratification of these T&Cs and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he must provide a certain number of personal data concerning him, necessary for the smooth running of the order and delivery.

 

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel his order, until it is validated.

 

Once the Customer has completed the form, he will then be invited to make his payment using the means listed in the section of these T&Cs relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding him of the content of the order and the price thereof.

 

The products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

 

 

ARTICLE 4 - PRICES AND TERMS OF PAYMENT

 

Unless otherwise stated, the prices appearing in the catalog are net prices payable and excluding any contribution to processing and shipping costs and customs costs. In addition, prices in foreign currencies are subject to the exchange rate in effect at the time of consultation of the Site. The exchange rate is adjusted regularly. The exchange rate applies to the payment of the transaction at the time of its processing. After this limited period, the Site may use the transaction exchange rate in effect at the time the transaction is processed.

 

In the event of delivery outside South Korea, the customer declares himself the importer of the Product and accepts that in such a case, the Seller may be materially unable to provide him with exact information on the total amount of the costs relating to the rights and customs formalities or import taxes applicable in the country where delivery is requested. Customs taxes and other costs must be paid by the Customer directly to the delivery company.

 

MELHO Ltd. reserves the right at any time to modify the price of its Products. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

 

The Customer can place an order on this Site and can pay by credit card and PayPal. Payments are made through secure transactions provided by an online payment platform provider. This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the bank or the payment provider receiving payment from the Customer.

 

MELHO Ltd. will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

 

 

ARTICLE 5 - DELIVERIES

 

The costs and delivery times will be indicated to the Customer before any payment. The costs and delivery times depend on the country and the delivery method selected (standard or express) by the Customer.

 

Standard delivery is handled by our partner Korea Post. Express delivery is carried out by our partner DHL Express. All our deliveries are made with tracking, the tracking number being sent to the Customer after his order has been taken care of by the selected delivery provider.

 

As a reminder, for any order outside South Korea, the customer declares himself the importer of the Product and accepts that in such a case, the Seller may be physically unable to provide him with exact information on the total amount. costs relating to customs duties and formalities or import taxes applicable in the country where delivery is requested.

 

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of 30 (thirty) days after the conclusion of the contract with the Customer.

 

Due to the COVID-19 crisis, which is strongly impacting airlines and international flights, our service provider Korea Post is no longer able to ensure deliveries to the following countries: France, Spain, Germany .... All deliveries will now be made with our service provider DHL Express. We apologize for the inconvenience caused, we are doing our best to provide you with the best possible service during these difficult times.

 

The Customer may refuse a package at the time of delivery if he finds an anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, damaged or broken products); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged merchandise. Failing that, to comply with its prescriptions, the Customer will not be able to exercise his right of refusal and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.

 

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer and the contract entered to acquire the Product or Service allows the withdrawal, depending on the Article L.221-18 et seq. of the Consumer Code), any product to be exchanged or reimbursed must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from an awkwardness or an incorrect operation of the Customer cannot be attributed to the Seller.

 

 

ARTICLE 6 - RIGHT OF WITHDRAWAL AND WITHDRAWAL FORM

 

In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) calendar days from the date of receipt of the Product from his order. It will be fine to return any Product that does not suit them and request reimbursement without penalty, except for return costs, within fourteen days of receipt by MELHO Ltd. of the reimbursement request.

 

The product must be returned in its original packaging and in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to MELHO Ltd. It is understood that the Customer will bear the cost of returning the product in the event of a retraction, as well as the cost of returning the product if it, due to its nature, cannot normally be returned by post.

 

It is also imperative that the Customer returns the Product using a solution that allows tracking of the package. If this condition is not met and the package does not reach the Seller, the Customer may be held liable.

 

If the above obligations are not fulfilled in full, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense and the refund will not be made.

 

If the preceding obligations are fulfilled in full, the refund will be made using the same means of payment as that chosen by the Customer during the initial transaction, unless the Customer expressly agrees that the seller uses another method of payment, and into the extent that the reimbursement does not incur costs for the Customer.

 

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .

 

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be held liable.

 

In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the Site:

WITHDRAWAL FORM.png

ARTICLE 7 - CUSTOMER SERVICE

 

Customer service for this Site can be accessed by email at the following address: service@hellomelho.com.

 

Customer service is competent to respond to Customer requests for Products and Services and generally responds within 1 to 2 working days.

 

The languages supported for writing customer service requests are French, English and Korean. For the use of other languages, customer service may take extra time to respond and will use an app to enable translation.

 

 

ARTICLE 8 - RESPONSIBILITY

 

The MELHO Ltd. Seller cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure and/or beyond its control. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of these, operating losses, loss of profit, damages or costs that may arise.

 

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows the withdrawal.

 

The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with indicative information, to its exact extent, but imperfections, errors, omissions, inaccuracies, and other ambiguities are likely to exist. In any case, MELHO Ltd. cannot be held responsible under any circumstances:

- any direct or indirect damage, in particular as regards loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use.

- a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or even the use of a browser that is little used by the Customer.

- the content of advertisements and other links or external sources accessible by Customers from the Site.

 

The photographs and visuals of Products presented on the Site have no contractual character, MELHO Ltd. undertakes to be as exact as possible in its descriptions and photographs but the Seller's liability cannot be engaged if the characteristics of the Products differ from the visuals. present on the Site or if these are incorrect or incomplete.

 

 

ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS

 

All elements of this Site belong to the Seller or a third-party agent or are used by the Seller with the permission of their owners.

 

Any reproduction, representation, adaptation of logos, textual, pictographic, or video content, without this enumeration being exhaustive, is strictly prohibited and appears to be counterfeit.

 

Any natural or legal person who would be held guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, to the initiative of the seller or his agent.

 

The brands and logos contained on the Site may be registered by MELHO Ltd., or possibly by one of its partners. Any natural or legal person carrying out their representations, reproductions, overlaps, broadcasts and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

 

 

ARTICLE 10 - INDEPENDENCE OF THE CLAUSES

 

If any provision of the T&Cs is found to be illegal, void or for any other unenforceable reason, then this provision will be deemed divisible from the T&Cs and will not affect the validity and applicability of the remaining provisions.

 

These present T&Cs replace all previous or contemporary written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself.

 

ARTICLE 11 - MEDIATION

 

These T&Cs are governed by and subject to French law.

 

Unless there is a public policy provision, any disputes that may arise in connection with the execution of these T&Cs may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.

 

It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings and that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.

 

All rights reserved - MELHO Ltd. - January 1, 2021.