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Terms and conditions
Melissa Lana welcomes you to her website
These general terms and conditions of sale apply exclusively to the sale of products offered on the Website. These are systematically displayed on the Website to the Customer when the order is registered. Therefore, placing an order implies full and unreserved acceptance of these general terms and conditions by the Customer, with the exception of any different conditions presented in brochures and catalogues published by Melissa and, in particular, the conditions in force in its stores.
In the absence of express acceptance, any other contrary condition raised by the Client will therefore be unenforceable against Melissalana regardless of the time at which it was communicated to Melissalana. The fact that Melissa does not assert any of these general conditions of sale shall not be interpreted as a waiver of the right to subsequently invoke any of them. Melissa will do everything possible to ensure the accuracy and updating of the information published on the Website and reserves the right to rectify its content at any time and without notice.
CUSTOMER SERVICE
Melissa's customer service is available to its customers should they need information, have questions or seek advice:
· By postal mail:
Martin Fisherman Roundabout 5, 28730 San Martin de la Vega
· By email:
At the address soporte@melissalana.com or through the contact form
· By phone:
At the number (34)698088888
Article 1. Scope, definitions
(1) For the business relationship between Melissa (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer"), only the general terms and conditions of sale in force at the time of placing the order and set out below shall apply. Any different terms and conditions of the Customer shall not be recognised unless the Seller expressly accepts their validity in writing.
(2) The Customer is a consumer if he concludes a legal transaction for a purpose which cannot be attributed to his commercial activity or to his self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or any partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial activity or his self-employed professional activity.
(3) Officially stipulated days in the countries in which the supplier has its registered office and in which the customer has his residence are not considered business days.
ARTICLE 2. Products
2.1. Product Features
The products offered for sale online are those presented on the website. Melissa describes and reproduces them on the website as accurately as possible. The information contained in the product sheets mentions, in particular, the essential characteristics of the articles (colour, description, composition, size) and their price including taxes. However, Melissa asks the customer to bear in mind that the photographs cannot guarantee a perfect similarity with the product offered for sale as regards colours. Differences may be due to the quality of the colours in the photographs, the difficulty in displaying the appearance of the fabrics on the screen or even, without this being an exhaustive list, technical adaptation. These differences cannot be interpreted as defects in conformity justifying cancellation of the sale. In the event of a manifest error or non-significant omission in the characteristics of the product and its representation and/or description, Melissa disclaims all liability that may arise. Product offers and prices published on the website are valid as long as they appear on the website, within the limits of available stocks.
2.2. Product availability
Products are offered for sale within the limits of available stocks. Only products that appear on the website on the date on which the customer consults it are offered for sale. Thus, at the time of placing the order, the customer receives information on the availability of the product. In the event of unavailability of a product, Melissa undertakes to inform the customer as soon as possible and to indicate, if applicable, the estimated waiting time for delivery of the product. The customer may confirm his order or request a refund for the product according to the invoiced price. In any case, the full amount of the unavailable product will be refunded together with the shipping costs.
ARTICLE 3. Price
Prices are indicated in euros (€), taxes and VAT included, excluding preparation and delivery costs, which vary depending on the country. The prices indicated take into account the VAT applicable on the day the order is placed. If the VAT rate is changed, this will automatically be reflected in the price of the items. The fixed amount of participation in preparation and delivery costs is communicated to the Customer in the order summary displayed before the order is validated.
Any order implies acceptance of the prices and description of the products available for sale. Any disagreement on this point will be subject to a possible "return/refund", as detailed below.
Melissa reserves the right to modify product prices and descriptions at any time, in particular in the event of increased costs, VAT rates and/or in the event of a typographical error or obvious error. However, products will be invoiced based on the price in force at the time of registration of the order, except for obvious errors. However, despite Melissa's vigilance, it is possible that price errors may occur on the Website for whatever reason (computer bug, manual or technical error, etc.). If orders have been placed at incorrect or obviously ridiculous prices, these orders will be cancelled, even if they have been validated by Melissa's services. In this case, Melissa will inform each affected Customer as soon as possible so that, if they wish, they can place the order again at the corrected exact price.
ARTICLE 4. Order/Payment
4.1. Customer number
All customers must complete the fields provided to create their customer profile and obtain their personal login details. If these details are lost or forgotten, Melissa must be notified immediately via Customer Service.
To place an order, the customer must complete a registration form and provide, among other things, the data required for identification:
· valid email address and password of your choice (confidential and personal)
· personal data marked with an asterisk, mandatory and necessary for the processing of invoices and the delivery of products
It is important that the customer completes the form as accurately as possible in order to avoid any type of error or incident in the delivery of the purchased items. The data entered on this website are intended exclusively for Melissa or its partners in the event of express acceptance by the customer, under the conditions stipulated herein.
4.2. Order registration
Any customer wishing to place an order must select the products by clicking on “Add to cart”. At the end of this step, the screen displays a purchase summary corresponding to the Purchase Order, which allows the customer to make any changes they wish before validating it by clicking on “Buy”.
After confirming the order and choosing the shipping method, the Customer must check the products ordered and be aware of the GTC. Once he has clicked on "Pay for my order", he will be deemed to have accepted the GTC, the price of the products and the content of his order as well as his delivery address. The Customer guarantees to Melissa that he has the necessary authorisations to use the payment method he has chosen for his order, at the time of registration.
4.3. Order validation
Comptoir Melissa will not be held liable in the event of an error by the Customer when entering data that prevents the receipt of the confirmation email and/or shipment of the order.
By validating his shopping basket, the purchase summary and accepting the General Terms and Conditions of Sale, the customer gives his consent to proceed to the stage of validation of the order by payment. The price due by the customer corresponds to the amount indicated in the purchase summary displayed to the customer before validating his order. This validation implies express acceptance of all operations carried out on the Website. Any Order placed on the Website is settled exclusively online using one of the following bank cards: Visa, Mastercard and is not taken into account until the bank card number, its expiry date and the cryptogram (three-digit number on the back of the bank card) are registered for payment. This payment is subject to final validation by the bank. The card is charged at the time of dispatch of the order. In any case, the online communication of the bank card number and the final validation of the order will be considered proof of the entire order, in accordance with the provisions of the law of March 13, 2000, and from them will derive the enforceability of the amounts committed by the registration of the articles that appear in the purchase order.
4.4. Acknowledgement of receipt of the order
Final validation of the order takes place after validation of payment. An order and payment confirmation email will be sent to the customer to confirm his registration, with a summary of all the information already communicated to him, the General Conditions of Sale and the withdrawal form.
4.5. Order tracking
The details and shipping status of each order can be consulted at any time on the website, in "My Account", once the customer has identified themselves with their email address and password.
ARTICLE 5. Delivery
Except in the case of force majeure or an unforeseeable and insurmountable obstacle, delivery times will be those indicated below, which must be calculated from the date of confirmation of the order and which are communicated to the customer at the time of the order. Delivery times are approximate and may vary depending on activity on the website.
It is therefore up to the Customer to choose the country of delivery and the shipping method at the time of the offer.
Melissa takes all possible precautions to ensure that packages arrive at their destination in perfect condition. That said, the customer must verify the condition of the packaging and the conformity of the delivered product and, if applicable, indicate any reservations on the carrier's delivery note.
5.1. Shipping methods
The shipment is made by post to the address indicated by the customer in the shipping form, provided that it is located in one of the countries listed in article 5.2.
In the event of the recipient's absence, the carrier will inform the customer to arrange a second delivery. If the recipient is absent again, the carrier will contact Melissa to request further instructions.
5.2. Shipping countries
Orders placed on www.melissalana.es can be delivered to the following countries and territories: SPAIN, Portugal.
5.3. Shipping times
All shipments are made within a maximum of 7 days from the date of the order. If the 7 days of the shipping deadline are exceeded (except in cases of force majeure), the customer may:
· Notify the delay by email using the contact form. In this case, Melissa will contact the postal services to investigate the case for a maximum period of 30 days. After this period, if the package has not been located, the customer will be reimbursed the amount of their order.
· Cancel your order and request a refund.
All refunds will be made within a maximum period of 14 (fourteen) calendar days from the date of cancellation. The amount of the returned items will be credited directly to the customer's bank account using the associated secure payment method.
PRIVATE CLIENTS
Spain and Portugal (both mainland): For free shipping, a minimum order of €38 for Spain and €50 for Portugal is required. Any order below this minimum amount will be charged a shipping fee of €3 up to €15 and €4 from €15 for Spain and €6.50 up to €50 for Portugal. VAT is not included.
ARTICLE 6. Transfer of ownership and risks
The transfer of ownership of the items purchased by the customer on the website will not occur until full payment of all sums due has been made, regardless of the date of delivery of the items to the customer's address. The transfer of ownership and the execution of these general conditions of sale apply only to the customer who placed the order. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction will be borne by the customer. Failure by the customer to comply with his payment obligations gives Melissa the right to demand immediate return of the items delivered at the customer's expense and risk.
ARTICLE 7. RIGHT OF WITHDRAWAL
In the case of orders from a Customer who is a consumer, the following right of withdrawal shall apply.
Right of withdrawal
You have the right to withdraw from this contract within a period of seven days without giving any reason.
The withdrawal period is seven days from the date on which you or a third party designated by you, other than the carrier, has taken possession of the last item.
To exercise your right of withdrawal, you must inform us (Melissa EXPOR IMPORT SL CL ALBATROS 26, PINTO (MADRID), CP:28320 Telephone: 34 698088888, E-Mail: info@melissalana.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To do so, you may use the model withdrawal form below, although its use is not obligatory.
To comply with the withdrawal period, it is sufficient to send the notification regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we are obliged to reimburse all payments we have received from you, including delivery charges (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us), without delay and at the latest within seven days from the day on which we receive notification of your withdrawal from this contract. We will make such reimbursement using the same method of payment as you used for the original transaction, unless otherwise expressly agreed with you. In any case, you will not be charged any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the items back or you have supplied evidence of having sent back the items, whichever is the earliest.
You must return or deliver the items to us without delay and in any event not later than seven days from the date on which you notify us of your withdrawal from this contract. The deadline will be deemed to have been met if you send the items before the seven-day period has expired.
You will be responsible for the direct costs of returning the items.
You will only be liable for any loss in value of the items when this is due to handling other than that necessary to verify the nature, characteristics and functioning of the items.
Model withdrawal form
(Please complete and return this form if you wish to withdraw from the contract).
– To the attention of:
MELISSA EXPOR IMPORT SL
CL ALBATROS 26
PINTO (MADRID)
CP:28320
Telephone: 34 698088888,
Email: info@melissalana.com
– I/we hereby withdraw (*) from the contract that I/we have (*) entered into for the purchase of the following items/for the provision of the following service (*)
– Ordered on / received on (*)
– Name of the consumer or consumers
– Address of the consumer or consumers
– Signature of the consumer(s) (only if this form is submitted in paper form)
- Date
(*) Delete what does not apply.
ARTICLE 8. Exchanges and returns
8.1 Return methods
After having notified MELISSA of his/her withdrawal, the Customer must return the products in question within a maximum period of 7 days from that notification, together with the return voucher (to be completed online and printed in the Customer Account, under the heading "Order tracking").
The return of products within the framework of the right of withdrawal must be carried out in accordance with the conditions described in article 8.3.
The refund of the products linked to the right of withdrawal will be made within fourteen (14) calendar days from the date of receipt of the Products by MELISSA
8.2 Money back guarantee
Without prejudice to the provisions of the right of withdrawal set out in article 8.1, MELISSA offers Customers a total period of 14 calendar days from the date of receipt of the products to return all or part of their order that does not satisfy them, in order to exchange them, obtain a purchase voucher or a refund.
No products purchased on the Site may be returned to stores.
In the event of abnormal or abusive returns, MELISSA reserves the right not to accept the return and reject a subsequent order.
8.3 Return conditions and methods
All products returned by the Customer, whether under the right of withdrawal or the money-back guarantee, must not have been used, damaged, soiled or washed by the Customer. They must be returned in appropriate packaging and accompanied by the return voucher (to be filled out online and printed in the Customer Account, under the "Order Tracking" section). In addition, the products must be returned in their box, but we would be grateful if you do not use this box as a transport box.
In accordance with the applicable legal guarantee, if an item has a defect or manufacturing defect, the customer may return it and obtain a refund. The right to return and refund will be suspended if the item has a defect after having been handled by the customer.
Return costs are borne by the Customer, who may choose the shipping or courier service of his/her choice.
The Products must be returned to our warehouse at the following address:
MELISSA EXPOR IMPORT SL
MELISSA EXPOR IMPORT SL
CL ALBATROS 26
PINTO (MADRID)
CP:28320
MELISSA will not be held responsible for any loss or damage that may occur during transport, so the Customer is advised to use a shipping service with the possibility of tracking the package. In the event of loss or damage during transport, the Customer must contact their carrier directly.
If the items are not received in the warehouse, MELISSA will not be able to process the return.
8.4 Refund
Once EXTRASTAR has verified the returned products, the Customer will be reimbursed in the amount stipulated in the method chosen on their return voucher. The refund will be made within 14 calendar days from the date of receipt of the Products by MELISSA.
ARTICLE 9. Responsibility
Despite the precautions taken on the Website, the photographs and texts reproduced therein to illustrate the articles presented may contain errors. MELISSA will not assume any responsibility for any errors that may be contained in the photographs and texts. In the event of receiving an article that does not correspond to the image on the Website, the customer may opt for an exchange and/or refund, in accordance with articles 7 and 8 above.
Under these Terms, MELISSA shall not be liable for any indirect damages resulting from loss of business, profits or opportunities, or for damages or expenses of any kind.
Hypertext links may lead to other websites outside this website. MELISSA is not responsible if the content of these websites contravenes the legal and regulatory provisions in force.
Finally, MELISSA does not accept any responsibility:
for interruption of the website, any bugs that may occur, any damage resulting from fraudulent intrusion by a third party that leads to the modification of the information published on the website;
for non-material errors relating to the products;
nor for the impossibility of contacting customer service or accessing the website.
ARTICLE 10. Guarantee
All Products benefit from the legal regime of the guarantee of conformity provided for in the Consumer Code, as well as the guarantee against hidden defects of the Civil Code, provided that the Products have been used normally and the maintenance advice has been followed.
Consumer Code:
The seller shall be obliged to deliver to the consumer a good that conforms to the contract and shall be liable for any defects in conformity existing at the time of delivery.
It shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation when this is its responsibility by contract or has been carried out under its responsibility.
Consumer goods shall be presumed to conform to the contract if:
1. They are suitable for the use to which goods of the same type are ordinarily intended and, where applicable:
– they conform to the description made by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model
– have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, producer or his representative, in particular in advertising or labelling
2º Or they present the characteristics defined by mutual agreement between the parties or are suitable for the special use required by the consumer, which the latter has made known to the seller and the latter, in turn, has admitted that the goods are suitable for such use.
The action resulting from a lack of conformity will expire two years after delivery of the goods.
Civil code:
The seller shall be obliged to offer a guarantee against hidden defects in the goods sold that render them unfit for the use for which they are intended, or that such use is so diminished that the buyer would not have acquired them or would have paid less for them if they had been aware of such defects.
The action resulting from redhibitory defects must be carried out by the buyer within a period of two years from the discovery of the defect.
ARTICLE 11. Intellectual property rights
The use of the website is reserved for strictly personal use in accordance with the laws on property rights over literary and artistic works or other similar rights. This website and all its elements are protected by copyright.
Unless otherwise indicated, the brands, designs, models, logos, photographs, images, graphics, etc., contained in this website, as well as its compilation, are the exclusive property of MELISSA.
MELISSA reminds that the reproduction, use or modification, in whole or in part, of any of the elements of the site is strictly prohibited, except with the specific and express prior authorisation of MELISSA. MELISSA may therefore take legal action, in particular for counterfeiting, against all those who directly or indirectly infringe such rights.
ARTICLE 12. Personal data
MELISSA SL Rotonda Martín Pescador 5, 28730 San Martín de la Vega guarantees that the processing of personal data will be carried out under security levels that prevent their loss, manipulation or unauthorized access.
In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, we inform you that all data provided by the CLIENT, by any means, through the purchase order, the catalogue request, the subscription to MELISSA Newsletters and throughout the business relationship with our company, will be incorporated into a file whose owner and controller is MELISSA and will be treated with the utmost confidentiality.
The purpose of the collection and processing of data is to manage the commercial relationship, manage requests and/or orders and their collection and, also, to carry out processing for advertising and commercial prospecting purposes. Carrying out processing for advertising and commercial prospecting purposes will involve sending you, by the means indicated below, information, advertising and commercial promotions of products and services of the MELISSA, fashion and decoration brands, as well as products and services of other companies, related to the sectors of activity of fashion, decoration, childhood and childcare, cosmetics and personal care, jewelry, food, training and education, publishing, financial and credit, insurance, home, bazaar, health and pharmaceutical products, leisure, mass consumption, automotive, computing, electronics, telecommunications, water, energy and transport, tourism and travel, real estate, toys, textiles and NGOs. For these purposes, the personal data provided may be communicated to service providers for the purpose of sending you information, advertising and commercial promotions, both their own and those of other companies, as well as to be able to cross-process your data to determine whether you are a customer and to avoid duplicate mailings. Advertising and commercial prospecting actions may be carried out by any means, including telephone calls, SMS, MMS, email, postal mail and the Internet.
The data subject must be of legal age. Unless specifically stated otherwise, it will be considered necessary to complete all the data required in the forms. In the event of not providing all the data deemed necessary, MELISSA may, depending on the case, not process your request.
Your consent to the processing of your data for advertising and commercial prospecting purposes shall be deemed to have been given in a manifest and unequivocal manner by communicating your data to MELISSA, and you may object to this under the terms indicated below.
We inform you that you may exercise, by submitting a request to MELISSA as the person responsible and owner of the file containing your personal data, the rights of access, rectification, cancellation and opposition to NOT receiving advertising, as well as revoke the consent granted.
To express opposition to receiving advertising, as well as to carry out any other procedure, MELISSA makes different channels available to the CLIENT:
– Send a written communication to MELISSA (Ref. LOPD), PO Box, MELISSA SL Rotonda Martín Pescador 5, 28730 San Martín de la Vega, attaching a copy of your ID.
– Send a message to ADMIN@MELISSALANA.com with the subject LOPD and indicating in the message your name/surname and customer number along with the phrase(s) I DO NOT WANT TO RECEIVE ADVERTISING FROM EXTRASTAR and/or I DO NOT WANT TO RECEIVE ADVERTISING FROM OTHER COMPANIES.
Article 13 – Cookies Policy
Article 22.2 of the LSSI establishes that data storage and recovery devices may be used on recipients' terminal equipment, provided that they have given their consent after having been provided with clear and complete information on their use, in particular, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of 13 December, on the protection of personal data. In this regard, cookies may be stored on your computer. These are small files whose purpose is to remember the pages visited to facilitate future navigation. You can delete cookies by selecting the option that your browser has for this purpose. At any time you can delete all cookies using the option for this purpose in your browser.
Types of cookies used and purposes:
The CMS (content management system) used by the Website collects user/visitor data through its own cookies, for the purpose of managing the website's content, with your express consent having accepted the cookie policy.
The Website uses third-party services such as Google Maps, Analytics, and Adwords, which use cookies that are stored at the time the visitor enters the Website, to display geographic locations, compile statistics on visits to the Website, and link to those interested in the services it provides. These cookies are managed entirely by Google. The Website user expressly consents to their use based on the stated purpose.
If you do not agree, you must leave the Website at this time or block cookies in your browser as explained below. If you continue browsing, we consider that you accept their use.
Cookie Guide:
Cookies exempt from information and consent: those whose purpose is:
• “User input” cookies
• Authentication or user identification cookies (session only)
• User security cookies
• Media player session cookies
• Session cookies for load balancing
• User interface customization cookies
• Plug-in cookies for sharing social content
• Classification of cookies subject to information
Article 14 – Comments, suggestions and complaints
Comments and suggestions are welcome. We kindly ask that such comments and suggestions be sent through our contact form. In addition, we have official complaint forms available to consumers and users. Complaints will be handled through the contact service that you can access through this contact link.
Article 15 – Events beyond our control
We will not be liable for any failure or delay in performance of any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event").
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:
i. Strikes, lockouts or other industrial action.
ii. Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
iv. Inability to use trains, ships, planes, motor vehicles or other means of transport, whether public or private.
v. Inability to use public or private telecommunications systems.
vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period in which the Force Majeure Event continues, and we shall have an extension of the time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We shall use all reasonable means to terminate the Force Majeure Event or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.
Article 16 – Total Agreement
These Conditions of Sale constitute the entire agreement between the parties concerned. In the event that one of the clauses of these Conditions is null and void, this will not affect the rest of the conditions.
Article 17 – Applicable law and jurisdiction
The present conditions will be governed by Spanish law.
For the resolution of any doubt, discrepancy or divergence that may arise in the fulfillment and interpretation of this Contract, the parties may resolve their disputes out of court through the arbitration system of Confianza Online. In any case, the jurisdictional area will be the Courts and Tribunals of the consumer's domicile. In the event that the user does not act as a consumer or user, the parties agree that the jurisdictional area will be the Courts and Tribunals of the city of Madrid.
ALTERNATIVE DISPUTE RESOLUTION
In the event of an online consumer dispute, the consumer may resort to an "Online Dispute Resolution" (ODR) system, on the ODR ("Online Dispute Resolution") platform, with powers to resolve disputes relating to contractual obligations arising from online sales or service contracts.
The consumer thus has a single portal where he can register his complaints and follow their progress. "The platform guarantees all the steps for the resolution of disputes, from the introduction by the consumer, through intercommunication with the ADR entities and ending with the information to the parties involved.
Access the Electronic Platform for Alternative Dispute Resolution in online sales or service contracts here.
