Terms of service

The website www.melvin-hamilton.nopli.eu and its mobile site (together and indiscriminately the "Site") are published and hosted by the Société par Actions Simplifiée (simplified joint stock company) with a capital of 3,000 Euros, whose registered office is located at 6, rue Boulle, 75011 Paris, registered in the Paris Trade and Companies Register under number 920 163 243, and whose intra-community VAT number is FR12920163243 ("Nopli").

Nopli can be contacted at the following address, in particular for any complaint: Postal address: 6, rue Boulle 75011 Paris or by e-mail help@nopli.eu

Preamble

These general conditions (the "General Conditions") are concluded between Nopli SAS, MELVIN & HAMILTON DIGITAL SAS and any individual of legal age ("You" or the "User(s)") accessing the Site.

These Terms and Conditions exclusively govern your relationship with Nopli and MELVIN & HAMILTON DIGITAL.

In particular, they aim to define the conditions under which you can :

• access and browse the Site;
• sell Products on the Site by posting offers to sell ("Ads");
• buy Products on the Site;

By browsing the Site, Users acknowledge that they have read and fully and unreservedly accept the General Conditions.

Nopli reserves the right to modify the General Conditions at any time. They will then be applicable as soon as they are published online. In this respect, we invite Users to read the General Conditions regularly.

Nopli acts as an intermediary in transactions between Sellers and Buyers in the capacity of host for Content published on the Site by Users.

ARTICLE 1 - DEFINITIONS

General Conditions: see definition in the preamble;

Site: see definition in preamble;

Buyer(s): person with the legal capacity to contract, wishing to acquire one or more Products on the Site as a private individual, i.e. on a non-commercial and non-professional basis;

Nopli: Nopli, as defined in the preamble, offers Users the services described in these Terms and Conditions. In this capacity, Nopli acts as an intermediary in the context of transactions between Sellers and Buyers and acts as a host for Content published on the Site by Users.

MELVIN & HAMILTON DIGITAL: MELVIN & HAMILTON DIGITAL, as a partner of Nopli, acts as a brand partner by making its image, name, catalogue and media available, and by undertaking to accept the sellers' purchase orders on its site. As a brand partner, MELVIN & HAMILTON DIGITAL also has the capacity to sell products on the Site.

Seller(s): person with the legal capacity to contract, wishing to put one or more Products on sale on the Site, as a private individual, i.e. on a non-commercial and non-professional basis.

User(s): see definition in preamble;

Content(s): any element distributed on the Site, by email or via the Messaging service, in particular Products, Advertisements, Notices and messages;

Announcement(s): see definition in preamble;

Product(s): items offered for sale by Sellers on the Site under the General Conditions;

Product(s) Photos: any visuals published by a Seller at the time of the creation of the Ad to accurately represent the Product in its current state;

Sale: All actions leading to a transaction between a Buyer and a Seller for one or more products offered on the Site.

Delivery costs: Costs inherent in the transport of a sold product.

Nopli protection: Costs inherent to the proper functioning of the site and the protection of Buyers.

Payment Option: The payment method chosen by Sellers in connection with the Services to receive payment for the Services.

Purchase Order: Option of payment of the Sellers following a sale consisting of a coupon usable on the melvin-hamilton.com site of an amount defined in advance.

Top-up: Additional sum added to the amount of the Sale by MELVIN & HAMILTON DIGITAL when choosing the Purchase Order payment option

Transfer: A payment option for Sellers following a sale consisting of a bank transfer of a pre-defined amount to the Seller's bank account.

Account: By connecting to the Site, each user is identified after having filled in his information. Through his account, the User can access all the Services of the Site.

ARTICLE 2 - ACCESS TO THE SITE

The Site is open to any Internet user or mobile user meeting the conditions set out in the preamble, provided that they have an Internet connection.

ARTICLE 3 - CUSTOMER ACCOUNT

Access to the Advertisements offered on the Site is free. The simple visitor can consult the Ads published by a Seller without registering on the Site.

By accessing, using or registering on the Site, the User declares and guarantees :

• be at least 18 years old;
• have the legal capacity to buy and sell;
• accept these general conditions and all contractual documents;
• be fully responsible for the transactions effected.

Access to and use of the Services requires the User to register by filling in the form provided for this purpose on the Website.

Users register on the Site by providing all the information marked as mandatory in the form provided for this purpose. Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the User's name (the "Account"), giving him/her access to a personal space ("Personal Space") which allows him/her to manage his/her sales and/or purchases in a form and using the technical means that Nopli deems most appropriate.

The User warrants that all information provided in the registration form is accurate, current and truthful and is not misleading.

He/she undertakes to update this information in his/her Personal Space in the event of modifications (in particular in the event of a change of postal address), so that it always corresponds to the above-mentioned criteria.

The User is informed and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity. The information entered is binding upon validation.

The User may access his Personal Space at any time after having identified himself using his login and password.

He undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility for it.

The User is likewise responsible for maintaining the confidentiality of his login and password, any access to the Site using the latter being deemed to have been made by the User. The User must immediately contact Nopli if he notices that his Account has been used without his knowledge. The User acknowledges Nopli's right to take all appropriate measures in such cases.

ARTICLE 4 - OPERATION OF THE SITE

Users have access to the following Services in a form and with the functionality and technical means that Nopli deems most appropriate.

4.1 Sales of articles

Only Products of the brand MELVIN & HAMILTON DIGITAL or distributed by the website melvin-hamilton.com can be put on sale on the Site.

4.1.1 Placing and creating ads

The sale of a Product on the site requires the creation of an Ad. The same User can put up for sale an unlimited quantity of MELVIN & HAMILTON DIGITAL brand Products free of charge. However, it is forbidden to list the same Product several times.  The Seller undertakes to remove without delay from the Site the Advertisement of a Product that has become unavailable.

When they are registered, Sellers can create an Ad using a form allowing them to present the characteristics of the Products they offer for Sale. The Sellers undertake to describe the Product as explicitly and precisely as possible using the form.

Sellers may add to their Advertisements different content, including text and photographs (the "Content").

Nopli advises Users to place several photographs of the Product sold in each Advertisement in order to allow the Buyer to view the Product as a whole. Users are also advised to show defects in the photographs of the listed Product. The Seller who has listed the Product may withdraw, complete or modify the Advertisement at any time, until a Buyer expresses his intention to purchase the Product.

It is at the time of listing the Product that the Seller chooses the Option of paying the amount of his sale: Purchase Order or Bank Transfer.

4.1.2 Moderation and publication of advertisements

All Advertisements posted on the Site will be checked and completed by Nopli before being published. In addition, a posteriori moderation (after publication) may be carried out in order to delete and/or suspend Advertisements that do not comply with the rules specified in the general conditions.

Only Products of the brand MELVIN & HAMILTON DIGITAL or distributed on the site melvin-hamilton.com can be referenced on the Website. Any Ad concerning a Product which is not of the MELVIN & HAMILTON DIGITAL brand or distributed on the melvin-hamilton.com website or which is an infringement of the MELVIN & HAMILTON DIGITAL brand or of any other brand will be immediately deleted.

In order to ensure the availability of the Products, Ads older than 6 months will be deactivated. The Seller will receive an email 3 days before the end of the 6 months allowing him to renew his Ad if he wishes. Failure to renew will result in the deletion of the Ad.

In order to put the Products concerned back on sale, the User must then create a new Advertisement.

4.1.3. Validation / Cancellation of the Sale

When a Buyer has ordered a Product(s), the Seller will receive an order notification by email indicating that it has five (5) days from receipt of the email to dispatch the order.

If the Seller does not send and/or deliver the Products according to the chosen delivery method within 7 days of acceptance of the order, the Sale will be cancelled. Nopli reserves the right to suspend a Seller's account if the cancellation rate is abnormally high.

If the Seller has chosen a bank transfer as a payment option, the Seller shall also undergo an identity check by the payment provider.

4.2 Purchasing items

4.2.1 Placing and validating orders

Any order implies express and irrevocable acceptance of the prices indicated and the descriptions of the Products in the Advertisements.

The Buyer declares that he/she has read and accepted these General Terms and Conditions of Use before placing his/her order.

The online payment is secured by STRIPE.

A Service Fee may be applied to the order. These cover the costs of managing the website and the costs of protecting the buyer (see Nopli Protection).

Delivery costs are to be paid by the Buyer.

As soon as the payment stage is validated, the Buyer will be debited with the amount corresponding to his order, the same day.

From the last click of acceptance, the order is considered irrevocable.

As soon as the order is finalised and paid for, the Buyer will receive a confirmation e-mail, indicating the order number and amount. The e-mail will also remind the Buyer that the order must be shipped by the Seller within 5 days, otherwise the Buyer may be refunded if he/she so requests.

When the Buyer collects the package, he must validate his order so that the Seller can recover the amount of his sale. By default, all orders will be automatically validated 72 hours after the order is received.

In the event that the Buyer does not collect the parcel within the time limit or does not report any incidents concerning the parcel, the transaction will be considered to have been completed and confirmed. However, amicable solutions may be envisaged between the Buyer and the Seller through Nopli, depending on the case. In the event that the Buyer does not retrieve the parcel within the time limit, service and transport charges may be applied at the Buyer's expense.

4.2.2 Order cancellation and refund

 

i. Case of a sale between individuals

As the sale is concluded between two private individuals, the Buyer does not have the right of withdrawal as defined by the regulations in force. If the Product is not suitable for the Buyer, the latter cannot therefore request the cancellation or reimbursement of his/her order. However, if the Buyer notices a non-conformity between the Product received and the Advertisement, the Buyer has the possibility to suspend the Transaction by declaring a problem to the Seller through Nopli.

The Buyer may report a problem to the Seller via Nopli within 72 hours from the date of collection (delivery) of the package. After this period, the Transaction is automatically validated.

Once the problem has been declared, the sale is suspended until an agreement is reached between the two parties through Nopli. Any dispute arising between Users on the Website relating to the conformity of the Products will be managed, arbitrated or conciliated by Nopli.

ii. Case of a sale between a professional and a private individual

In accordance with Article L. 221-1 of the French Consumer Code, the Buyer has no right of withdrawal when purchasing an Item from a non-professional Seller. The Buyer (acting as a consumer) is protected by consumer law when purchasing an Item from a professional Seller and may bring an action before the court of his choice and request the application of the consumer protection rules of his country. The professional Seller shall apply the Buyer's national law as regards consumer protection provisions.

In accordance with article L 121-21 of the French Consumer Code, Buyers are informed that they have a period of 14 calendar days from the date of receipt of the Products ordered to exercise their right of withdrawal, without penalty and without giving any reason, with the exception of the cost of return, from a professional Seller.

To this end, the professional Sellers expressly acknowledge that they are solely responsible for complying with their obligations to inform the Buyers of the conditions, timeframe and methods for exercising this right, as well as for providing the Buyers with a withdrawal form.

5 - ARTICULATION WITH THE INTERVENTION AND GENERAL CONDITIONS OF STRIPE

Users are expressly informed and agree that all payments effected through the Site, are managed by Stripe Payments Europe, Ltd, registered C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland under number DUNS 985 429 235 ("Stripe").

Users contract directly with Stripe for the implementation of these payments by accepting Stripe's terms and conditions by means of a checkbox when registering on the Site.

If Stripe refuses or terminates the User's subscription, the User may not/no longer use the Nopli Services.

Conversely, the termination of the contractual relationship between the User and Nopli shall result in the termination of the User's contract with Stripe.

As part of the Services, Users shall transmit all their payment instructions to Stripe via their Personal Space. Consequently, Users expressly authorise Nopli to transmit such instructions to Stripe, in their name and on their behalf.

ARTICLE 6 - DELIVERY OF PRODUCTS

The Products are delivered to the delivery address indicated by the Buyers.

The Seller undertakes to send the parcel and to do everything possible for the Buyer to receive it in accordance with the delivery method chosen by the Buyer. As from the order, the Buyer has five (5) days to deposit the parcel in a relay point or at the Post Office.

The Seller remains the owner of the Products until they are received by the Buyer. The Seller remains responsible for all losses, damage, deterioration or deterioration caused at the time of delivery. And this until the Buyer has received the Product.

In the event of complaints relating to the Products and their delivery, Buyers undertake to contact the Sellers directly via Nopli within 72 hours of receiving the order.

If the item does not conform to the description made by the seller (wrong size, defect, stain not apparent on the photos etc.), the return costs are free and a partial or total refund can be made.

ARTICLE 7 - PAYMENT METHOD FOR THE SELLER

When putting his Product(s) on sale, the Seller is invited to choose between two payment methods: the purchase voucher or the bank transfer. It is important to note that this choice is final and that once received, the vouchers cannot be exchanged for money.

7.1 Voucher

Once the Product has been sold and the Transaction finalised, the Sale Price will be increased by 20% and sent by email to the Seller by means of a Purchase Voucher to be used on the melvin-hamilton.com website.

The vouchers have a duration of use of 12 months from the date of issue.

The vouchers can be used to pay an amount equal to their value or higher by paying the complement. They cannot be exchanged for cash and are not replaced in the event of loss or theft. In case of return, your voucher will be refunded by MELVIN & HAMILTON DIGITAL in the form of a credit note.

7.2 Bank transfer

The amount of the sale can be transferred directly to the Seller's bank account (indicating the bank account number).

However, direct payment will only be possible after STRIPE's identity validation process has been carried out.

Your IBAN and proof of identity are not accessible by Nopli. This information will be transmitted directly to STRIPE in a secure manner. This information is recorded by STRIPE in order to be able to transfer the amount from your e-wallet to your bank account.

7.2 Transfer of funds

The amount of the sale can be transferred directly to the Seller's bank account (indicating the RIB/IBAN).

However, direct payment will only be possible after submission to the STRIPE identity validation process.

Your IBAN and proof of identity are not accessible by Nopli. This information will be transmitted directly and securely to STRIPE. This information is recorded by STRIPE in order to be able to transfer the amount from your electronic wallet to your bank account.

ARTICLE 8 - FINANCIAL CONDITIONS

Registration to the Site and the Ad creation and management Services are provided free of charge.

8.1 Nopli Commission

If the Seller chooses the Purchase Order option, no commission on the Sale will be charged.

If the Seller chooses the Transfer option, in return for the connection between Sellers and Buyers, a commission of 15% of the sale price (the "Commission") is payable by the Sellers to Nopli.

Nopli reserves the right, at its free discretion and on terms to be determined by it alone, to offer promotional offers or discounts from its Commission.

The commission is deducted from the price paid by the Buyers, excluding transport and service charges, and is deducted directly from the payment of the sale.

Nopli will invoice the Commission to the Sellers by any useful means.

Nopli's commission is paid directly through STRIPE when the transaction is paid.

The percentage of the Commission may be revised at any time in a non-retroactive way on the ads already published and will inform the Users.

ARTICLE 9 - PERSONAL DATA

Nopli collects and processes personal data in accordance with this Privacy Policy.

ARTICLE 10 - OBLIGATIONS OF USERS

Users undertake, in their use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

Users are required to comply with their tax and social security obligations in relation to transactions carried out between them (applicable tax and social security regimes, reporting obligations). These obligations and the related penalties are listed on the websites whose hyperlinks are given below:

• www.impots.gouv.fr ;
• www.impots.gouv.fr/portail/node/10841 ;
• www.securite-sociale.fr ;

Users acknowledge that they have read the characteristics and constraints of all the Services on the Site, particularly the technical ones.

They are solely responsible for their use of the Services and, in particular, for the relationships they may establish with each other and the information they communicate to each other within the framework of the Services, with Nopli intervening only to put them in contact.

Users undertake to make strictly personal use of the Services. Consequently, they shall not assign, concede or transfer all or part of their rights or obligations hereunder to a third party in any way whatsoever.

Users undertake to provide Nopli or other Users, within the framework of the Services, only with information or data of any kind that is accurate, up-to-date and sincere and that is not misleading or likely to mislead. They undertake to update this information so that it always corresponds to the above-mentioned criteria.

They undertake to provide Nopli with all the information necessary for the proper performance of the Services and, more generally, to cooperate actively with Nopli for the proper performance of the present contract.

ARTICLE 11 - PROHIBITED BEHAVIOUR

It is strictly forbidden to use the services for the following purposes

• carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
• the violation of public order or the violation of laws and regulations in force,
• intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
• the sending of unsolicited emails and/or commercial canvassing or solicitation,
• manipulations intended to improve the referencing of a third-party site,
• the collection and aggregation of any information on the Site without the express permission of Nopli,
• aiding or abetting, in any form or manner, one or more of the acts and activities described above,
• and more generally any practice that misuses the Services for purposes other than those for which they were designed.

Users are strictly forbidden to copy and/or divert the concept, technologies or any other element of the Site for their own purposes or those of third parties.

The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Nopli's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the Site's infrastructure, (v) any infringement of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of Nopli or the users of its Site, and more generally (vii) any breach of these terms and conditions. (viii) It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as to the information hosted and/or shared therein.

ARTICLE 12 - OBLIGATIONS OF NOPLI

Nopli undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

Content that is harmful to a third party may be notified to Nopli in accordance with the terms of article 6 I 5 of law no. 2004-575 of 21 June 2004 on confidence in the digital economy, with Nopli reserving the right to take any measures it deems necessary.

Nopli acts as a broker in that it provides Sellers and Buyers with a platform, as well as technical tools and means enabling them to enter into contact for the purpose of buying and/or selling Products through the Site. Its responsibility is limited to the provision of these means, as described herein.

In particular, Nopli does not guarantee the completion of transactions or the proper execution of contracts concluded between Buyers and Sellers. Nor does it offre any guarantee to Sellers in terms of sales opportunities or customer volume, nor does it offer any guarantee to Sellers as to the number and diversity of Products offered for sale.

Nopli is not a party to the contracts concluded between the Sellers and the Buyers and cannot be held responsible for any difficulties that may arise during the conclusion or execution of these contracts.

Nopli is not in physical possession of the Products sold through the Site. Nopli does not guarantee (i) the compliance of the Products with the laws and regulations in force (ii) the compliance of the Products, their packaging and/or labelling with the legal and regulatory provisions (iii) the compliance of the delivery of the Products with the contractual stipulations and the existence of any hidden defects, (iv) the risks associated with transport, storage, conservation and delivery of the Products, or (v) compliance with the rules of hygiene and maintenance, particularly with regard to the distribution sites.

Nopli declines all responsibility for any loss of information accessible in the User's Personal Space, as the User must save a copy and cannot claim any compensation for this.

Nopli undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, Nopli reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, Nopli cannot be held responsible for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

Nopli does not warrant to Users that (i) the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or deficiencies, (ii) the Services, being standard and not offered solely for the use of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.

In any event, the liability that may be incurred by Nopli under these terms is expressly limited to direct damage suffered by Users.

At any time and for any reason, Nopli may terminate the services offered by the Site.

Article 13 - INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Nopli within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, de-compilation, decryption, extraction, re-use, copying and more generally, any act of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorisation of Nopli is strictly forbidden and may be subject to legal proceedings.