1 – Scope of Application
These General Terms and Conditions of Sale govern the relationship between Melomania, hereinafter referred to as the Seller, and any individual or legal entity, hereinafter referred to as the Buyer, conducting transactions on the website www.melomania.com.
Placing an order implies full and unconditional acceptance of these General Terms and Conditions.
Any clause issued by the Buyer that has not been expressly accepted in writing by the Seller and that conflicts with these General Terms and Conditions shall be deemed null and void.
The Seller reserves the right to amend these General Terms and Conditions at any time and without prior notice. Any modification shall take effect immediately upon being posted online and will apply to all subsequent orders.
The invalidity of one or more clauses of these General Terms and Conditions shall not render the entire document void.
2 – Buyer Identification
Upon registering with the Seller, the Buyer receives a unique user ID and a personal access code, which must be kept strictly confidential. Any use of this ID and access code by third parties shall be the sole responsibility of the Buyer.
Personal data relating to Buyers is collected, recorded, and stored in accordance with the provisions of the French Data Protection Act of January 6, 1978. Buyers have the right to access and rectify their personal data by contacting the Seller, who is responsible for managing the site.
3 – Orders
Orders placed on the website melomania.com become binding once validated by the Buyer. No unilateral cancellation will be accepted without the prior consent of the Seller. Orders are considered accepted by the Seller upon the Buyer’s receipt of an order confirmation email.
All sales offers are subject to product availability. The unavailability of one or more ordered items shall not constitute grounds for cancellation of the entire order; the Buyer remains bound by the acceptance of available items.
The Buyer acknowledges that the order is based on the item descriptions provided and concerns second-hand products. Photos displayed on the website are for illustration purposes only and are not contractual.
4 – Prices
Prices may be changed unilaterally by the Seller without prior notice. Goods are invoiced at the price in effect at the time the order is placed.
If you reside outside the European Union, your order may be subject to import duties and taxes imposed by your customs authorities. You are solely responsible for paying any applicable fees and completing related formalities. In case of doubt, please consult your local customs office before placing an order. Orders that have been shipped cannot be cancelled.
VAT is non-deductible on second-hand goods (Article 297 E of the French General Tax Code) and therefore will not appear on invoices issued by the Seller.
Under no circumstances may the Seller make false declarations regarding the content or value of shipped goods.
5 – Delivery
Delivery times depend on the destination (see link). They are calculated from the date of receipt of our order confirmation email. As postal services are beyond our control, delivery times are provided for reference only and are not binding.
The Seller shall not be held liable for any delay or failure in delivery resulting directly or indirectly from a force majeure event or circumstances such as lockout, strike, work stoppage (total or partial) at the Seller’s or supplier’s premises, epidemic, war, requisition, fire, flood, transport delays, or legal or administrative restrictions. The Seller will inform the Buyer promptly of any such events.
Registered or Colissimo shipments are delivered against signature. In mainland France, if you are absent at the time of delivery, the postal carrier will leave a notice. You must collect the parcel within 15 calendar days at the post office indicated. The Seller cannot be held responsible for the consequences of the Buyer’s failure to collect the parcel.
If your parcel has not arrived within 20 days, please contact us by email at sav@melomania.com after checking with your local post office to ensure it is not being held there. We will file a claim with the postal service and do our best to resolve the issue promptly. If no satisfactory solution can be found, your order will be refunded.
After 30 days from the date of the order confirmation email, and in the absence of any notification from you, the delivery will be deemed completed and no further claims will be accepted.
6 – Claims
Upon delivery, you must verify the following:
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The parcel is not damaged at the time of delivery.
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Within 2 days: the parcel contents match your order.
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Within 30 days: the items are free of defects affecting normal use.
If the parcel is damaged, you must issue a detailed written statement (general remarks have no legal value) to the postal carrier and keep both the packaging and damaged items. Failure to do so will void your right to file a claim. If the parcel is severely damaged, refuse delivery.
In all cases, you must inform the Seller within 48 hours of receipt by emailing sav@melomania.com, while also pursuing any remedies with the carrier. We will contact you with instructions.
Failure to comply with these requirements may void your right of recourse against the Seller, as we would no longer be able to exercise our rights against the carrier.
Claims must be submitted by email to sav@melomania.com, specifying your full contact details, order number, and the reason for your complaint.
If an item is defective despite our quality control procedures, please indicate the nature and location of the defect (e.g., track number, timecode).
Any claim regarding a hidden defect affecting the fundamental characteristics of an item must be submitted by email or registered mail with acknowledgment of receipt as soon as the defect is discovered, and in any case within the “reasonable period” defined in Article 1648 of the French Civil Code.
In other cases (wrong item, transport damage, etc.), you must not open the shrink wrap of the product, otherwise the return may be refused.
For security reasons, emails with attachments will not be read and will be considered as not received.
7 – Returns
All product returns must be authorized in writing by the Seller. Unauthorized returns will not be accepted. Postal costs related to authorized returns will be reimbursed by the Seller.
Returns are only accepted for the following reasons:
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The item does not match the order.
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The item is defective or unsuitable for normal use.
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The item was damaged during transport.
The Seller shall not be liable for Buyer errors such as incorrect or duplicate orders, nor for the technical quality of recordings or artistic interpretations. However, we will always strive to reach a fair and reasonable solution.
We will provide instructions for returns and may request the item to be sent back.
If a return is authorized, the Buyer must properly package the item and pay the shipping costs upfront. All items must be returned within 10 days of our authorization.
Refunding the item automatically transfers ownership back to the Seller.
Only items verified by the Seller as defective will be exchanged or refunded. No return will be accepted for items whose shrink wrap has been opened.
8 – Liability
The Seller shall not be held liable for any damage suffered by the Buyer, including but not limited to loss of income or enjoyment. The Seller cannot be held responsible for any malfunction, delay, or interruption in Internet access. In any case, the Seller’s financial liability is limited to the price of the item concerned.
The Seller makes every effort to ensure that no computer virus is present on the website but cannot guarantee this. It is the Buyer’s responsibility to take protective measures against viruses, and the Seller shall not be held liable for any damage caused by a virus originating from www.melomania.com. The Seller likewise assumes no responsibility for the use of external links featured on the site.
9 – Right of Withdrawal
In accordance with Article L121-16 of the French Consumer Code and the provisions governing distance selling, EU-resident consumers have a period of seven (7) full days from delivery to withdraw from the purchase and obtain a refund (excluding shipping costs) upon returning the delivered products.
Under Article L121-20-2, the right of withdrawal does not apply to items that have been unsealed by the consumer, unless otherwise agreed between the parties.
Returned products must be in their original condition and packaging. Returns are made at the Buyer’s own expense and risk.
10 – Warranty
The Seller’s transport warranty applies only if the Buyer submits a written claim within 48 hours of receiving the goods. The warranty is limited to the price of items recognized as defective by the Seller, who may choose to replace or refund them.
Subject to legal provisions, the Seller’s liability is strictly limited to the obligations defined herein or expressly agreed upon. The Seller cannot be held responsible for damage resulting directly or indirectly from improper storage, negligence, mishandling, use on non-compliant equipment, or misuse in general.
11 – Retention of Title
In accordance with the French Law of May 12, 1980, ownership of goods sold shall transfer to the Buyer only after full payment of the principal and related costs.
Failure by the Buyer to fulfill payment obligations for any reason shall entitle the Seller to demand immediate return of the goods at the Buyer’s expense and risk.
12 – Termination Clause
In the event of the Buyer’s failure to comply with any contractual obligation, the sale shall be automatically terminated, and the goods returned to the Seller if desired, without prejudice to any damages the Seller may claim. Termination shall take effect 48 hours after an unheeded formal notice.
In such cases, the Seller may claim a fixed indemnity equal to 10% of the sale amount.
13 – Intellectual Property
All texts and images relating to products offered for sale on the Seller’s website are protected by copyright and intellectual property laws worldwide.
Under the French Intellectual Property Code, only private use is permitted (subject to stricter provisions of the Code). Any other use constitutes infringement and is punishable by law.
Any reproduction, even partial, of the Seller’s online catalog is strictly prohibited without prior written authorization.
14 – Payment
For any payments made on the website, the Seller reserves the right to request proof of identity and address before accepting the sale.
15 – Jurisdiction Clause
Any dispute relating to the formation, performance, or termination of contractual obligations between the parties that cannot be resolved amicably shall be submitted to the Commercial Court of Paris, where the Seller’s registered office is located.
This applies regardless of the place of sale, accepted payment method, or even in cases of multiple defendants or third-party claims. The Seller nevertheless reserves the right to bring the case before the court of the Buyer’s registered office.
This contract is governed by French law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.