GENERAL TERMS AND CONDITIONS OF SALE

Version Effective from December 6, 2024

For the purposes of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS" or "General Terms and Conditions of Sale"), the Buyer and MELROSE BARBERS are individually or collectively referred to as the "Party" or the "Parties."

As a member of a selective distribution network, MELROSE BARBERS sells the products available on its e-commerce site solely at retail and to end consumers. Purchases made on the Website are therefore reserved for non-professional private customers for their own use (or as gifts within the family circle). Consequently, the Buyer, prior to placing an Order, declares that the purchase of products on the Website is unrelated to any professional activity and is limited to strictly personal use.

MELROSE BARBERS may cancel or refuse any Order that does not comply with retail sale conditions as outlined in Article 3.4 of these GTCS.

Article 1: Purpose

These General Terms and Conditions of Sale aim to:

  1. Inform any potential Buyer about the conditions under which MELROSE BARBERS (hereinafter referred to as "the Seller") handles the sale and delivery of ordered products.
  2. Define the rights and obligations of the Parties in the context of the sale of products by MELROSE BARBERS to the consumer (referred to as "the Buyer").

These GTCS apply without restriction or reservation to all product sales offered by MELROSE BARBERS on its Website, accessible via the Internet at www.DAYTOJOAH.com.

The GTCS are available at any time through a link at the bottom of the Website and on the Order confirmation page. MELROSE BARBERS encourages the Buyer to download and retain them.

Before payment and to confirm their Order, the Buyer must read and accept the GTCS by ticking a box provided for this purpose. These GTCS are made available in a format that allows for storage and reproduction.

MELROSE BARBERS reserves the right to modify these General Terms and Conditions of Sale at any time. However, the applicable GTCS for an Order are those accepted by the Buyer at the time the Order is placed.

These GTCS are supplemented by the Website's General Terms of Use and the "Personal Data and Cookies" policy.

Article 2: Seller Information

Name: MELROSE BARBERS
Address: 11 Avenue des États-Unis, Clermont-Ferrand, 63000, France
SIREN: 852 512 763 RCS Clermont-Ferrand
Email: hello@daytojoah.com

Article 3: Formation of the Contract and Orders

3.1 Prices

The selling prices of products available on the DAYTOJOAH Website are indicated in euros (€) and are those applicable at the time the Buyer places the Order. Prices may be updated by MELROSE BARBERS at any time before the Order is placed, and such changes will take effect immediately upon being displayed on the Website. These modifications will be communicated to the Buyer prior to any Order.

Prices do not include shipping costs, which are billed in addition to the price of the purchased products. Shipping costs will be specified before the Buyer finalizes the Order.

Prices include value-added tax (VAT) as applicable on the date of the Order. Any changes to the VAT rate will automatically be reflected in the product prices on the Website but will not affect previously placed Orders.

3.2 Product Characteristics

3.2.1 General Provisions
The Buyer can select one or more products from the different categories available on the DAYTOJOAH Website.

MELROSE BARBERS reserves the right to modify its product assortment at any time based on supply constraints, without affecting Orders already placed.

In accordance with Article L.111-1 of the French Consumer Code, the Buyer can review essential product characteristics directly on the DAYTOJOAH Website before placing an Order.

3.3 Availability

The product offerings on the DAYTOJOAH Website are valid while they are displayed and subject to stock availability.

In the event of total or partial unavailability of products after an Order is placed, the Buyer will be notified via email within three working days:

  • For full cancellation of the Order:

    • The Order will be automatically canceled, and no charges will be made to the Buyer.
    • The Buyer will be informed via email.

  • For partial cancellation of the Order:

    • The Buyer will only be charged for the available products.
    • The unavailable products will not be charged or shipped.

3.4 Order Process

Before finalizing the Order, the Buyer can review the details and correct potential errors. By clicking "Pay," the Buyer confirms the Order, acknowledges the payment obligation, and accepts these GTCS.

Once the Order is validated, it cannot be canceled by the Buyer (except for exercising the right of withdrawal outlined in Article 6).

MELROSE BARBERS will confirm the Order via email. The Buyer is encouraged to keep the confirmation email as proof of the Order.

MELROSE BARBERS reserves the right to refuse any Order that appears abnormal or that may indicate fraudulent or professional usage, in line with applicable laws and jurisprudence.

 

Article 4: Payment

The Buyer may pay for their Order on the Website using the methods outlined below. The Buyer guarantees to MELROSE BARBERS that they hold the necessary authorizations to use their chosen payment method.

4.1 Payment Methods on the Website

4.1.1 Credit/Debit Cards
The following cards are accepted: CB, Visa, Mastercard, and American Express. These cards must be issued by a bank or financial institution located in the European Union or Monaco.

4.1.2 PayPal
The Buyer may use their PayPal account to pay for Orders on the Website, in one installment or four installments (this payment schedule is subject to PayPal's conditions for eligible purchases between €30 and €2,000). The terms of PayPal's installment options are governed by PayPal's General Terms and Conditions.

4.1.3 Online Credits
Online credits are vouchers issued exclusively by MELROSE BARBERS and can only be used on the DAYTOJOAH Website by their beneficiary. They are valid for one year from the date of issuance.

4.2 Payment Terms

All Orders must be paid in full. Orders are payable in euros (€), including all applicable taxes and mandatory contributions. Any associated bank fees are the responsibility of the Buyer, even in the case of refunds.

MELROSE BARBERS reserves the right to suspend or cancel any Order or delivery due to non-payment or partial payment, payment incidents, or fraudulent or suspicious activity related to the use of the Website.

4.3 Payment Security

To ensure secure card payments on the Website, the Buyer must provide MELROSE BARBERS with the card's visual cryptogram (CVV) located on the back of the card.

To combat internet fraud, information related to the Buyer’s Order may be transmitted to third parties authorized by law or designated by MELROSE BARBERS to verify the Buyer’s identity, validate the Order, and ensure proper delivery.

MELROSE BARBERS reserves the right to request a photocopy of the Buyer's identification or additional information to verify identity. The Buyer retains the right to access, rectify, and delete their personal data under applicable laws, as detailed in the "Personal Data and Cookies" policy.

Article 5: Delivery and Receipt

5.1 General Rules

Products ordered by the Buyer in accordance with these GTCS will be delivered to the address provided as the delivery address ("Delivery Address") on the relevant Order.

MELROSE BARBERS delivers to all EU countries and Monaco. However, territories outside the geographical area of Europe (e.g., French overseas territories) or locations subject to transport restrictions (e.g., IATA standards) may not be served.

5.2 Delivery Options

Delivery methods vary depending on the location and are not available for all products. For certain products or destinations, specific delivery methods may not be offered.

5.2.1 Delivery Options for Mainland France, Corsica, and Monaco

  • Standard Home Delivery
    The parcel is delivered to the Buyer's mailbox at the Delivery Address provided. If the mailbox is too small, the Buyer will receive a notice to collect the parcel from a specified location. If the parcel is not collected within the specified timeframe, it will be returned to MELROSE BARBERS, and the Buyer will be refunded.

  • Express Delivery
    The Buyer is notified the day before delivery via email. The Buyer may reschedule the delivery or change the delivery location. On the delivery day, the Buyer receives a notification with the delivery time window. If the parcel is not collected, it will be returned to MELROSE BARBERS, and the Buyer will be refunded.

  • Pickup Point Delivery
    The parcel is delivered to the pickup point selected by the Buyer. The Buyer has a limited time to collect the parcel by presenting identification and signing for the receipt. Unclaimed parcels will be returned to MELROSE BARBERS, and the Buyer will be refunded.

5.3 Delivery Issues: Damages, Missing, or Defective Products

  • In Case of Damaged Parcels:
    If damage is visible at delivery, the Buyer must refuse the parcel or file a claim with the carrier immediately. If damage is discovered after delivery, the Buyer should notify MELROSE BARBERS' Customer Service promptly.

  • In Case of Missing Products:
    If a product is missing or defective, the Buyer must contact Customer Service as soon as possible, providing relevant details and photographs if requested.

5.4 Delivery Times

Delivery times vary based on the method chosen and the destination:

  • Standard Delivery (France and Monaco): 3 to 4 business days
  • Express Delivery: 1 to 2 business days
  • Pickup Point Delivery: 2 to 4 business days

For international orders, delivery times depend on the specific country and can be found in the "Help" section of the Website.

Article 6: Right of Withdrawal

In accordance with Article L. 221-18 of the French Consumer Code, the Buyer has a legal right to withdraw from their purchase without providing a reason within fourteen (14) days from the date of receipt of the parcel containing the ordered products.

6.1 Exceptions to the Right of Withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Orders concerning:

  1. Products that have been unsealed after delivery and cannot be returned for hygiene or health protection reasons.
  2. Products customized or made to the Buyer's specifications.

These provisions do not affect the warranties described in Article 7 of these GTCS, which remain fully applicable.

6.2 Exercising the Right of Withdrawal

To exercise the right of withdrawal, the Buyer must notify MELROSE BARBERS of their decision to withdraw within fourteen (14) days of receiving the Order. This notification can be made through:

  1. A clear statement (e.g., letter or email) sent to SAS MELROSE BARBERS, 5 rue Valentin Hauy, 63000 Clermont-Ferrand, or via email at hello@daytojoah.com.
  2. The model withdrawal form included in the appendix to these GTCS.

If the Buyer exercises their right of withdrawal before receiving the parcel, they are informed that MELROSE BARBERS cannot interrupt the shipping process once the Order has been validated. The Buyer must then return the parcel in accordance with the return procedure outlined below.

6.3 Return Conditions

The returned products must be in perfect condition for resale, in their original packaging, and accompanied by any accessories or documentation. Returns must be made within fourteen (14) days from the date the Buyer informed MELROSE BARBERS of their intention to withdraw.

Returns made after this timeframe will not be accepted. MELROSE BARBERS recommends that Buyers use the prepaid Colissimo return label available in their online account to facilitate processing.

If the Buyer benefited from a promotional offer including free gifts with the purchase, the Buyer must also return these gifts for the withdrawal to be accepted.

6.4 Refunds

Upon receipt and verification of the returned products, MELROSE BARBERS will issue a refund, including any standard shipping costs (if the entire Order is returned), within fourteen (14) days. Refunds will be processed using the payment method used for the original transaction unless the Buyer agrees to an alternative method.

For returns not made via the prepaid Colissimo label (outside mainland France), shipping costs are the responsibility of the Buyer.

Article 7: Legal Warranties

7.1 Warranty Coverage

All products sold on the Website are covered by:

  1. The legal warranty of conformity (Articles L. 217-3 and following of the French Consumer Code).
  2. The warranty against hidden defects (Articles 1641 and following of the French Civil Code).

The responsible party for these warranties is SAS MELROSE BARBERS, 11 Avenue des États-Unis, 63000 Clermont-Ferrand, France, email: hello@daytojoah.com.

7.2 Warranty Terms

Under the warranty of conformity:

  • The Buyer has two years from the delivery date to act.
  • Repairs or replacements must occur within thirty days at no cost to the Buyer.
  • If repair or replacement is impossible, the Buyer can request a price reduction or contract termination with a full refund.

For hidden defects, the Buyer has two years from the discovery of the defect to act. They can choose between a price reduction or a full refund in exchange for returning the product.

For any warranty-related questions, the Buyer should contact MELROSE BARBERS' Customer Service via the "Contact Us" section of the Website.

Article 8: Retention of Title

MELROSE BARBERS retains full ownership of the products until full payment is received, including all associated taxes and fees.

Article 9: Intellectual Property

The DAYTOJOAH brand, all associated logos, images, and content (including these GTCS), remain the exclusive property of MELROSE BARBERS or the relevant rights holder. Any unauthorized reproduction, modification, or use of these elements is strictly prohibited without prior written consent.

Article 10: Proof of Transaction

MELROSE BARBERS implements technical and organizational measures to ensure the security of customer data. However, the Buyer is also responsible for safeguarding their account credentials. Any transaction conducted with the Buyer’s credentials will be considered valid unless proven otherwise.

The electronic records maintained by MELROSE BARBERS and its partners serve as proof of communications, Orders, and payments.

Article 11: Customer Service / Mediation

For any questions or concerns regarding an Order, returns, or claims, the Buyer may contact MELROSE BARBERS' Customer Service via email at hello@daytojoah.com.

For disputes, the European Commission provides an online dispute resolution platform accessible here.

Article 12: Liability

12.1 Legal Capacity

The Buyer declares they have the legal capacity to contract under these GTCS. MELROSE BARBERS cannot verify the legal capacity of visitors and assumes no liability if a minor or legally incapacitated person places an Order.

12.2 Force Majeure

MELROSE BARBERS is not liable for the failure to fulfill obligations due to force majeure, as defined under French law (Article 1218 of the French Civil Code).

Article 13: Personal Data Processing

MELROSE BARBERS collects and processes personal data in accordance with its "Personal Data and Cookies" policy, which outlines the purposes, recipients, retention periods, and rights of individuals. Buyers may also opt out of telemarketing by registering on the Bloctel list (www.bloctel.gouv.fr).

Article 14: Modifications

MELROSE BARBERS reserves the right to update these GTCS without notice. The Buyer is encouraged to regularly review the GTCS available on the Website. Orders are subject to the GTCS in effect at the time of purchase.

Article 15: General Provisions

15.1 Partial Invalidity

If any provision of these GTCS is deemed invalid, the remaining provisions will remain in full effect.

15.2 Non-Waiver

Failure by either Party to enforce a provision of these GTCS shall not constitute a waiver of that provision.

15.3 Governing Law and Jurisdiction

These GTCS are governed by French law. Disputes arising from Orders or these GTCS will fall under the exclusive jurisdiction of the courts of Clermont-Ferrand, France, unless local laws applicable to the Buyer dictate otherwise.

Annex 1: Model Withdrawal Form

A model withdrawal form is provided for the Buyer's use if they wish to exercise their right of withdrawal.