Terms and Conditions
1.Melty Shirt Company Contact Details
Phone : 06 14 69 70 97
Email address : meltyshirt@gmail.com
Customer service and sales department opening hours: Monday to Saturday from 9 a.m. to 7 p.m.
The meltyshirt.fr website is the property of LEROY Logan.
2.Scope of application
These general terms and conditions of sale, hereinafter the "GTC", written in French, are intended to govern all purchases of MELTY SHIRT products made by individual consumers, hereinafter the "Customer(s)", on the MELTY SHIRT website or through the Sales Department and Customer Service.
Any order for products from MELTY SHIRT implies the prior, complete and unreserved acceptance of these General Terms and Conditions by Customers. Also, by placing their order, Customers acknowledge having read these General Terms and Conditions, accept them in full, without restriction or reservation, and waive the right to invoke, where applicable, their own purchasing conditions.
These General Terms and Conditions are made available to Customers when sending quotes, and on the meltyshirt.fr website where they can be consulted directly. They can also be communicated to them upon simple request addressed to MELTY SHIRT by email or postal mail to the addresses indicated in Article 1.
3.Modification of the T&Cs
4. Definition of products
The Customer may choose one or more MELTY SHIRT products from the different categories of products presented and offered for sale on the site or proposed by the sales consultant on the day he consults the company for a request.
MELTY SHIRT products are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code. MELTY SHIRT ensures, as part of an obligation of means, that all products have been correctly described. The photographs, as well as the colors, illustrating the products are provided for information purposes only and have no contractual value. Similarly, other information and documents distributed by MELTY SHIRT on the MELTY SHIRT website or on any other media (such as product sheets, catalogs or photographs of products) are provided for information purposes only.
The products offered by MELTY SHIRT comply with current legislation and standards applicable in Europe.
MELTY SHIRT does not guarantee the accuracy of the actual colours of the products, the colours that the Customer perceives depending on the screen used and the display configurations chosen. Similarly, slight variations in shades may occur and cannot result in the Customer refusing the products.
4.2. Product customization
MELTY SHIRT offers to personalize products with textual, visual or graphic elements provided by the Customer.
For this purpose, MELTY SHIRT offers several types of marking: flocking, digital printing, screen printing, embroidery, transfer and badges.
Personalization is intended exclusively for products offered and supplied by MELTY SHIRT. As part of its sales, MELTY SHIRT will therefore not agree to implement its personalization techniques on products supplied by the Customer.
4.3. Availability
MELTY SHIRT products offered for sale are subject to availability of stock.
In the event of unavailability of one or more products ordered, MELTY SHIRT will inform the Customer by e-mail or telephone.
MELTY SHIRT may offer the Customer, if available, a replacement product of equivalent quality and price. If there is no replacement product or if the Customer does not wish to obtain the replacement product, the Customer may then, at his/her choice, either cancel the part of his/her order relating to the unavailable product(s), or postpone the entire delivery and wait until all products are available again.
In the event of cancellation of the order, the Customer will be reimbursed for the price of the unavailable products as well as the corresponding delivery costs within 14 days. It is nevertheless specified that the reimbursement of the delivery costs will only occur in the event of total cancellation of the order, the delivery costs remaining due and not being reimbursed in the event of partial cancellation since the delivery remains carried out for the non-cancelled part of the order. The reimbursement will be made by bank transfer to the account provided when ordering (or upon presentation of the Customer's bank details).
Phone : 06 14 69 70 97
Email address : meltyshirt@gmail.com
Customer service and sales department opening hours: Monday to Saturday from 9 a.m. to 7 p.m.
The meltyshirt.fr website is the property of LEROY Logan.
5. Ordering products with prior quote
5.1. Preliminary estimate
In order to place an order, the Customer may first request a free quote from MELTY SHIRT. To do this, the Customer may either fill out the form provided for this purpose on the MELTY SHIRT website, or call the MELTY SHIRT switchboard, or visit the MELTY SHIRT showroom, or send an email to the following address: meltyshirt@gmail.com or finally contact a sales consultant.
- To identify themselves, the customer must provide the following information in particular: type of organization, name of organization, sector of activity, first and last name of the representative, postal address, email address, telephone number.
- The quote request must explain the Client's needs as precisely as possible with sincere, complete and detailed information: context of the project, type of product desired (as presented on the site), type of marking desired (screen printing, transfer, flocking, embroidery, badge and digital printing), description of the inscriptions to appear on the product (drawing, photograph, text, logo, etc.) and number of products ordered.
- Customers are advised that, generally speaking, there are minimum order quantities. These minimum order quantities may change depending on the printing technique used and will be explained by MELTY SHIRT in its response to the quote request.
- In the case of an order with individual customization (name, number, function, etc.), Customers are also advised that MELTY SHIRT will apply mixing fees, linked to administrative and logistical management.
- MELTY SHIRT reserves the right to refuse any request from a Customer who has not completely or accurately completed the quote request or who has not responded to its requests for information.
- The Customer has the possibility to order samples, i.e. unmarked textiles. The samples are sent free of charge on loan and must be returned within one (1) month in the same condition. If the return is not received within one (1) month, or if the condition of the products is not satisfactory, MELTY SHIRT will invoice the samples at the current unit rate.
MELTY SHIRT reserves the right to refuse quote requests for legitimate reasons, and more particularly in the event that the quote request presents abnormal characteristics (e.g.: unusually high or insufficient number of products ordered, multiple quote requests or quote modification requests) or in the event that there is an unresolved dispute with the Customer, for example in the context of a previous order, or if the Customer's request is not technically feasible. MELTY SHIRT will then inform the Customer.
5.2. Acceptance of the quote by the Client
Until the Customer has accepted the quote, he may modify his quote request with MELTY SHIRT. MELTY SHIRT will endeavour to respond to these modification requests as soon as possible.
Furthermore, it is the Customer's responsibility to ensure that the quote is correct and to correct any errors in it. The Customer may then validate and confirm the order to express their acceptance of the content and price of the order.
To accept the quote, the Customer must date, sign the quote with the words "Good for agreement" and return it by email to MELTY SHIRT or validate it via the electronic link located on the quote for this purpose. The quote will be considered accepted upon receipt by MELTY SHIRT of the copy signed by the Customer (by email) or validated via the digital link of the quote. Once the quote has been accepted, the Customer will automatically receive from MELTY SHIRT, at the email address provided prior to the order, a confirmation email, summarizing his order and in particular the details, the price of his order and the delivery address. The Customer is recommended to keep a copy on paper or electronic media. An estimated delivery time will be proposed in this email.
All data recorded and the order confirmation sent by MELTY SHIRT constitute proof of the relationship between MELTY SHIRT and the Customer and constitute in particular proof of the date, nature and content of the order.
Once the order has been validated, the Customer is firmly and definitively committed and can no longer cancel his order. The only possible modifications concern the visual rendering.
Each order is processed individually. This means that any addition to an order already registered will necessarily be the subject of a new order under the above conditions, unless otherwise agreed by the parties.
5.3. Proof for printing (BAT)
As mentioned above, the Customer agrees to provide MELTY SHIRT with the elements and illustrations that he wishes to have marked on the products, in the format requested by MELTY SHIRT. Our design office can rework the logo. If necessary, this option may be the subject of an additional price proposal.
The Client, after validation of the quote, then receives MELTY SHIRT by email the model in the form of a "proof of print" in "PDF" format. The Client must ensure that the model complies with his expectations, and notify MELTY SHIRT by email as soon as possible.
No production will be launched without its written validation with the mention “Good for agreement based on the BAT received.”
The estimated production time mentioned in the quote will begin upon confirmation of the BAT.
Please note that at this stage, only the personalization element can be modified, and not the quantity, color and size of textiles and objects previously validated during the signed acceptance of the quote.
The Customer may:
- Either indicate that the model proposed to him suits him. The Client then validates the “good to print”. After this validation, the production phase of the order is carried out.
- Either indicate that the model proposed to him does not suit him and indicate the modifications he wishes to make to it. A new model in the form of a "good to print" in "PDF" format is then sent to him by email with the request for correction of the model.
In the event that the Customer does not validate the BAT within 15 working days, despite several proposals from MELTY SHIRT, while the quote and the order are validated and no solution seems to satisfy the Customer, MELTY SHIRT will invoice a flat rate of 50% of the total amount of the order excluding tax.
The positioning of the logo on the support is done manually. The client accepts that a margin of error is tolerated if it does not call into question the final rendering, in accordance with the BAT.
In all cases, the validation of the "proof of proof" by the Client constitutes final acceptance of the model and full acceptance of the creation and printing of the products. Therefore, the Client, who is responsible for carefully checking the model, may no longer issue any reservations whatsoever, even in the event of an error, after validation of the proof of proof.
6. Order via the Meltyshirt.fr website
Validation of the order entails the final acceptance of the creation, printing of the products and serves as a BAT. It is therefore up to the Customer to check the accuracy of the model when previewing it on the online customization tool. The Customer will be unable to issue reservations after validation.
The choice of marking technique can be specified by the Customer during the order but MELTY SHIRT reserves the right to opt for the most relevant marking technique according to the pattern and support requested.
The final rendering of one or more customizations on a garment or object is not an exact reflection of the preview in the online customization tool.
The Customer is responsible for the quality of the imported visual. MELTY SHIRT may contact the Customer to request a higher definition image but cannot be held responsible for the final result when marking if the file is of low quality.
7.Price
MELTY SHIRT reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in effect on the day of the order.
The unit prices offered are set according to the total quantity of products in the order. This means that any change in quantity will result in a change in the unit price of the product(s) in the order.
Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
8.Payment
The payment due by the Customer corresponds to the amount indicated in the basket on the meltyshirt.fr website or on the quote. In the latter case, the amount is included in the order confirmation sent by e-mail to the Customer.
Payments can be made by:
- Bank transfer,
- PayPal,
- Bank card in case of payment at the showroom on site at the address mentioned above or credit card payment via a secure online platform.
- Administrative mandate on request
Any order, to be taken into account and be effective, requires full payment and collection of the total amount. The invoice will be sent upon receipt of payment for orders placed on the site and upon delivery electronically to the address provided by the Customer in the case of an order on estimate. In the event that payment is not made, MELTY SHIRT will be able to retain the products until full payment of the price by the Customer.
In all cases, MELTY SHIRT reserves the right, in the absence of payment of the price on the due date, to demand payment, to suspend delivery or to terminate the contract automatically.
9.Delivery
9.1. Delivery address
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
MELTY SHIRT undertakes to make its best efforts to deliver the products ordered by the Customer within the estimated timeframes. However, these timeframes are provided for information purposes only. If the Products ordered have not been delivered within the legal timeframes after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions provided for by the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding. The products are delivered to the address indicated by the Customer during the order validation process. In the event of delivery to a collective address (e.g. offices, holiday establishments, etc.), the Customer acknowledges that MELTY SHIRT's liability for the delivery of the order cannot be called into question, even if the shipment is not received by the final recipient but by a third party.
Similarly, MELTY SHIRT will not be liable in the event of failure to deliver due to an incomplete or incorrect address provided by the Customer.
9.2. Transport
When the Customer entrusts the goods to a carrier other than the one proposed by MELTY SHIRT, the risk of loss or damage to the goods is transferred to the Customer upon delivery of the goods to the carrier. MELTY SHIRT cannot be held responsible for taxes, customs fees or other items that the Customer may have to pay depending on the area on which it depends.
9.3. Delivery method and costs
In the case of an order via the site
The Customer chooses the delivery method and therefore the predetermined cost. The times indicated are estimates and MELTY SHIRT cannot be held responsible for any delay on the part of the delivery service provider. Products under the heading "Express Delivery" are shipped within 48 to 72 hours while stocks last. MELTY SHIRT cannot be held responsible for any delay related to the carrier.
In the case of an order with prior quote
Delivery methods are determined at the time of shipment by MELTY SHIRT, in compliance with the Customer's constraints and deadlines. Shipping costs will be calculated according to the volume of the order and will be transmitted in the quote to the Customer.
In the case of an urgent request, i.e. a request for delivery less than 4 days after confirmation of the order, and subject to feasibility confirmed by MELTY SHIRT, MELTY SHIRT will apply a flat rate increase of €2.5 per product delivered.
9.4. Delivery times
The parties expressly agree that the delivery time is given for information purposes only. Any delay in delivery below the legal deadline may therefore not give rise to the termination by the buyer of the sales contract or payment of damages by MELTY SHIRT. The delivery time is provided to the Customer during the order validation process. This is an indicative period calculated from the final validation of the "proof of delivery". If the delivery time is an essential element for the Customer, it must then be expressly stipulated when ordering.
To the extent that deliveries are provided by third parties, MELTY SHIRT declines all responsibility in the event of excessively long delivery times due to postal services or means of transport, as well as in the event of loss of ordered products or strikes. MELTY SHIRT is released from its delivery obligation in the event of force majeure: total or partial strikes, floods, fires and natural disasters.
9.5. Receipt of products
The Customer is required to receive the package at the address provided when confirming the order.
In the event that the Customer does not collect or receive the package within the required time and conditions, the unclaimed package will be returned to MELTY SHIRT, which will make it available to the Customer for a new delivery. The Customer must contact MELTY SHIRT in order to obtain a new delivery of their package.
In the event that the package has been returned to MELTY SHIRT for a reason attributable to the Customer (unclaimed package, incorrect delivery address, etc.), the Customer will have to pay new delivery costs to have their package reshipped. The Customer will be informed by e-mail of the procedure to follow for the reshipment of their package.
9.6. Product control and complaints
The Customer is required to check his package upon receipt. The Customer must check that the package complies with his order and that it contains all the products ordered without any apparent defects.
If the package is visibly damaged, the Customer must report his reservations to the carrier within three (3) days of receipt of the products and inform MELTY SHIRT at the same time, or simply refuse the package from the carrier.
In the event that the package does not comply with the order and/or the products have apparent defects, the Customer must inform MELTY SHIRT by email with supporting photographs within 15 calendar days. After written agreement from MELTY SHIRT, the products must be returned by the Customer to MELTY SHIRT by registered or tracked mail to the MELTY SHIRT address indicated in article 1.
No returns will be accepted after a period of 15 calendar days following the delivery date. Beyond this, the Customer acknowledges that his package will be considered as conforming to his order and the products will be considered free from all apparent defects.
Notes on order quality:
- Traces related to the marking may be visible on the supports. These traces disappear when washed. We recommend washing textiles before wearing them.
- For embroidery, we do 100% exterior cleaning and remove the paper inside.
Upon receipt of the returned products, MELTY SHIRT will check their nature and condition. If they are found to be non-compliant with the Customer's order or affected by an apparent defect, MELTY SHIRT will reimburse the Customer for the return costs incurred.
In this case, the return of products will give rise, at the Customer's choice, to the exchange of defective or non-compliant products for products in perfect condition or compliant, within the limit of available stocks, or to the reimbursement of the price of the returned products as well as the corresponding delivery costs. If the Customer chooses the reimbursement, he will then be reimbursed within 14 days following receipt of the returned products in their original condition. The reimbursement is made by bank transfer.
In the event that the returned products prove to be perfectly compliant with the order and/or without any apparent defect, MELTY SHIRT will not be required to reimburse the Customer or bear the new delivery costs. For any complaint, the customer must contact customer service by email at the following address: meltyshirt@gmail.com , stating their order number and full contact details.
10. Withdrawal
In accordance with Article L.221-28 3° of the Consumer Code which states that: "The right of withdrawal cannot be exercised for contracts [...] for the supply of goods made to the consumer's specifications or clearly personalized [...]", the Customer does not have the legal right of withdrawal. Indeed, all of the products offered on the MELTY SHIRT website are personalized products.
Consequently, the Customer is invited to carefully check the content of his order as well as the “proof to print” before validating them.
However, and in the exceptional case where the sale would constitute non-customizable products, the Customer may benefit from his right of withdrawal of 14 working days from the date of delivery of his order, according to article L.221-18 of the Consumer Code. In this case, the Customer may return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the Customer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notification to MISTER TEE of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-sold as new, accompanied by the purchase invoice. Damaged, soiled, worn (in the case of textiles), or incomplete products will not be accepted.
The right of withdrawal, to be validly exercised, must be made in writing within the time limits indicated, be free of ambiguity, and be addressed to MELTY SHIRT customer service.
After acceptance of the return by MELTY SHIRT, the price of the returned products and the delivery costs will be refunded.
However, return costs remain the responsibility of the Customer.
11. Guarantees and liability
11.1. Legal guarantee of conformity and legal guarantees against hidden defects
MELTY SHIRT guarantees the conformity of the products, allowing the Customer to make a request under the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold under Articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- The buyer has a period of two years from delivery of the goods to take action;
- The buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-17 of the Consumer Code.
- The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.
Furthermore, it is recalled that:
- The legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- The buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.
11.2. Customer Liability
The Customer is solely responsible for the use he makes of the products. The Customer declares that he fully accepts all legal obligations arising from the performance of his activities towards third parties, MELTY SHIRT cannot be sought or worried in this regard for any reason whatsoever, in particular in the event of violation of laws or regulations applicable in the context of the use of the products.
The Customer undertakes to comply with all applicable regulatory provisions in its relationship with MELTY SHIRT and in particular refrains from asking MELTY SHIRT to print on products content that is contrary to public order and morality, content of a violent, aggressive or "filthy" nature, content that is insulting, defamatory, racist, xenophobic, revisionist or that undermines the honor or reputation of others, content that incites discrimination, hatred of a person or group of people because of their origin, their membership or non-membership of a specific ethnic group, nation, race or religion, content that threatens a person or group of people, content of a paedophile or pornographic nature (protection of minors), content that incites the commission of an offense, a crime, that advocates war crimes or crimes against humanity, content that incites the taking of drugs, alcohol, tobacco, content inciting suicide, content likely to infringe private rights belonging to third parties. The Customer guarantees in particular, if he provides a visual, that it is free of rights and does not contravene any intellectual property rules, MELTY SHIRT being discharged from any verification in this regard. Even if MELTY SHIRT has no obligation to verify the compliance with the regulations of the content that Customers ask it to print on the products, MELTY SHIRT nevertheless reserves the right to refuse any request from a Customer that would be contrary to the principles above. The Customer is entirely responsible for the elements (verbal, graphic or other) that he asks MELTY SHIRT to print on the products. He guarantees to MELTY SHIRT that these comply with the legislation in force, in particular those relating to information, the protection of minors, intellectual property and trade. MELTY SHIRT declines all liability in this regard.
12. Personal data and intellectual property
12.1. General information
As part of placing an order or creating a customer account and, in general, during exchanges with MELTY SHIRT, the Customer is required to provide a certain amount of personal data concerning him/her, such as his/her surname, first name, postal address, email address and telephone number.
This data is collected in order to guarantee the Customer optimal use of the services offered by MELTY SHIRT and is necessary for processing orders as well as for creating and managing a customer file. It may also be used by MISTER TEE to inform the Customer of the offers proposed and to collect statistical data on the use of the MELTY SHIRT site.
They are only kept by MELTY SHIRT for the duration necessary to achieve the aforementioned purposes. The Customer has the right to access, modify, rectify and delete personal data concerning him/her at any time. All he/she has to do is send a letter or an email to the contact details given in Article 1.
The content of the MELTY SHIRT website is its property and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In addition, MELTY SHIRT remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client. The Client therefore prohibits any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of MELTY SHIRT, which may make it conditional on financial compensation.
12.2. Data Protection and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to potential partners of MELTY SHIRT responsible for the execution, processing, management and payment of orders. The processing of information communicated via the MELTY SHIRT website has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right may be exercised under the conditions and according to the methods defined on the MELTY SHIRT website
13. Force majeure
Are considered as cases of force majeure or unforeseeable circumstances, events beyond the control of the parties, which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of the obligations totally impossible.
The following are considered to be cases of force majeure or fortuitous events releasing MELTY SHIRT from fulfilling its obligations: strikes by all or part of its staff or that of its suppliers or its usual carriers, fire, flood, war, production stoppages due to unforeseen breakdowns, the impossibility of obtaining supplies of raw materials, epidemics, roadblocks, strikes or disruptions in energy supplies (hot/cold, water, gas, steam, electricity, etc.) or disruptions in supplies for a reason not attributable to MELTY SHIRT.
In such circumstances, MELTY SHIRT will notify the Customer in writing, in particular by fax or email, as soon as possible following the date of occurrence of the events, the contract binding MELTY SHIRT and the Customer then being suspended automatically without compensation, from the date of occurrence of the event.
If the event were to last more than thirty (30) days from the date of its occurrence, the sales contract may be terminated by the most diligent party, without either party being able to claim damages.
This termination will take effect on the date of first presentation of the registered letter with acknowledgment of receipt terminating said sales contract.
14. Applicable law and competent jurisdiction
Any dispute relating to the application or interpretation of the T&Cs will be subject to French law, excluding the provisions of the Vienna Convention. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
In the event of a dispute, the parties will make their best efforts to reach an amicable agreement. In application of articles L.612-1 et seq. of the Consumer Code, any consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and a professional.