The website www.melonea.com (hereinafter the “Website”) is published by the sole proprietorship Jamal-Eddine BENYAHYA, registered under SIREN number 909 322 067, with its registered office located at 29 Chemin de Nicol – 31200 Toulouse (hereinafter referred to as “MELONEA”).
The Website offers various online music courses in the form of videos (hereinafter the “Videos”) and/or masterclasses (hereinafter the “Masterclasses”).
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (the “GTCS”) are entered into between MELONEA and any individual wishing to purchase online courses on the Website (hereinafter the “Client”).
By placing an online order for courses on the Website, the Client acknowledges having read and fully and unreservedly accepted the GTCS.
The Client declares that they have the legal capacity to contract, i.e., being at least eighteen years old and not under guardianship or curatorship, in order to validly make a purchase on the Website.
MELONEA reserves the right to modify the GTCS at any time, which will apply as soon as they are published online.
ARTICLE 2 – E-LEARNING MODULES AND SUBSCRIPTION PLANS
2.1 Videos
The Videos governed by these GTCS are those described as such on the Website and accessible to any Client.
Details of the Videos and e-learning modules in which they may be included are provided on the Website.
The duration of access to the Videos depends on the subscription plan chosen by the Client.
Regardless of the subscription plan, the Client has unlimited access to all Videos available on the Website during the subscription term.
The Client may also purchase one-off access to one or more individual Videos, with the access duration specified on the Website.
2.2 Subscription
Subscriptions may be monthly, semi-annual, or annual.
They are tacitly renewed for successive identical periods under the same conditions, unless terminated by the Client via email to contact@melonea.com, within the following notice periods:
at least 48 hours before the renewal date for a monthly subscription;
at least 15 days before the renewal date for a semi-annual subscription;
at least 30 days before the anniversary date for an annual subscription.
Failure by the Client to observe the notice period will result in automatic renewal under the same conditions.
ARTICLE 3 – MASTERCLASSES
The Masterclasses governed by these GTCS are those presented as such on the Website. To participate, the Client must register for the dates offered on the Site and pay the selected price. The Client will receive a confirmation email.
The duration of the Masterclasses is specified on the Website. Generally, a Masterclass lasts between two (2) and three (3) hours.
The Client must have the necessary computer equipment and Internet connection to participate via videoconference under good conditions. Punctuality is also essential for proper participation.
MELONEA reserves the right to postpone or cancel a Masterclass without compensation if fewer than ten (10) participants are registered. In this case, the Client will receive a cancellation email and a full refund of the price paid, unless they accept rescheduling.
ARTICLE 4 – FINANCIAL CONDITIONS
4.1 Prices
The prices for one-off Video purchases, subscription plans, and Masterclasses are indicated in Euros including taxes on the Website. They include applicable VAT on the date of the order.
MELONEA reserves the right to change its prices at any time, with the understanding that the price shown on the Websiteon the date of the order will be the only applicable price for the Client.
4.2 One-off purchases
The price of individual Video purchases must be paid in full at the time of order.
4.3 Subscriptions
Subscription prices are detailed on the Website and vary depending on the subscription duration.
Subscriptions only take effect after MELONEA receives payment.
The price of monthly, semi-annual, or annual subscriptions must be paid in full at the time of subscription and on each renewal date.
Any subscription period started is due in full and non-refundable.
Failure to pay may result, at MELONEA’s discretion, in:
suspension of access to Videos until full payment is received;
termination of the subscription and/or closure of the Client’s account 15 (fifteen) days after MELONEA sends a formal notice (email, registered mail, etc.) remaining unanswered, with the balance of the subscription immediately due.
4.4 Masterclass payment
The price indicated on the Website must be paid in full before the Masterclass begins. Otherwise, the Client will not be allowed to participate.
ARTICLE 5 – ONLINE COURSE ORDERS
5.1 Prior identification
To place an order, the Client must register and create an account by providing their name, surname, email address, postal address (city and country of residence), phone number, and credit card details for payment.
5.2 Payment methods
The Client may pay via:
Credit card
PayPal
The Website uses a secure payment system.
5.3 Order validation
Any order placed on the Website implies full and unconditional acceptance of these Terms and Conditions of Sale (TCS):
- One-time Purchases and Video Subscriptions
When validating a one-time purchase or a subscription granting immediate access to the relevant Videos, the Customer will be required to tick the box “I have read and accept the terms and conditions of sale.”
MELONEA will acknowledge receipt of the Customer’s order upon validation by sending a confirmation email to the Customer, reminding them of their express agreement to the provision of digital content not supplied on a physical medium and their acknowledgment of the loss of the right of withdrawal.
- Masterclass Registration
For registrations made more than 15 days before the start of the Masterclass, the Customer, in order to validate their registration, will be required to tick the box “I have read and accept the terms and conditions of sale.” Their registration will only become effective after the legal 14-day withdrawal period has expired following order validation.
For registrations made less than 15 days before the start of the activity, the Customer, in order to validate their registration, will be required to tick the box “I have read and accept the terms and conditions of sale.”
MELONEA will acknowledge receipt of the Customer’s order upon validation by sending a confirmation email to the Customer, reminding them, where applicable, of their express agreement to the provision of digital content not supplied on a physical medium and their acknowledgment of the loss of the right of withdrawal.
ARTICLE 6 – INTELLECTUAL PROPERTY
All Video content is the exclusive property of MELONEA, which holds all related intellectual property rights.
By subscribing, the Client acquires only a personal, non-exclusive, non-transferable, and non-assignable right of access for strictly personal purposes.
The Client expressly undertakes not to adapt, translate, reproduce, represent, communicate, or modify such content in any way without MELONEA’s prior written consent.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1. Absence of right of withdrawal for single purchases, Video subscriptions, and late Masterclass registrations
The Videos constitute digital content not supplied on a tangible medium. As such, these services fall within the scope of Article L221-28, 13° of the French Consumer Code, which provides that the right of withdrawal (as provided for in Articles L221-18 et seq. of the Consumer Code, which notably grant consumers a 14-day period to exercise the right of withdrawal from a distance contract) does not apply to contracts for the supply of digital content not supplied on a tangible medium, where performance has begun after the consumer’s prior express consent and express waiver of the right of withdrawal.
Accordingly, before purchasing a Video individually or subscribing to a Video subscription, the Client has:
given prior express consent to MELONEA’s performance of the contract for the supply of digital content not supplied on a tangible medium before the end of the withdrawal period;
expressly waived the right of withdrawal in connection with the order placed.
It is also recalled that the Client does not benefit from the right of withdrawal in the event of registering for a Masterclass less than 15 days before the session begins.
7.2. Right of withdrawal for Masterclass registrations made more than 15 days before the session begins
The Client, as a consumer, has a period of 14 days from the validation of their registration for the relevant Masterclass to exercise, directly with MELONEA, the right of withdrawal for a refund, without having to justify reasons or pay any penalty, in accordance with applicable legal provisions.
To exercise this right, the Client must notify MELONEA in writing, clearly and unequivocally, of their decision to withdraw, by sending the completed withdrawal form in Annex 1 either (i) by email to contact@melonea.com or (ii) by postal mail to the address indicated in the form.
MELONEA will acknowledge receipt of the Client’s request.
Provided the Client has exercised the right of withdrawal within the applicable period, MELONEA undertakes to reimburse the amounts paid within 14 days of receiving the withdrawal request. Refunds will be made using the same payment method used by the Client for the original transaction.
ARTICLE 8 – STATUTORY WARRANTIES
All online courses offered on the Site are covered by the statutory warranty of conformity (Articles L.217-1 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
8.1. Statutory warranty of conformity
The Client has a period of two years from the provision of the relevant courses to take action under the statutory warranty of conformity, with the presumption of pre-existing defect set at one (1) year.
Defective digital content or services must be brought into conformity, free of charge, within 30 days. Failing this, the Client may obtain a price reduction or terminate the contract.
8.2. Statutory warranty against hidden defects
The Client may choose to invoke the warranty against hidden defects of the item sold, under Article 1641 of the French Civil Code. In this case, the Client may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
ARTICLE 9 – LIABILITY
MELONEA’s liability may only be incurred in the event of proven fault or negligence on its part and is limited to direct damages resulting from said fault or negligence, to the exclusion of any indirect damages of any kind.
MELONEA shall not be liable where the non-performance of its obligations is attributable either to the unforeseeable and unavoidable act of a third party to the contract, or to force majeure as defined by French case law.
Similarly, MELONEA cannot be held liable for any inconveniences or damages inherent in the use of the Internet, such as service interruption, external intrusion, or the presence of computer viruses.
MELONEA is subject only to a best-efforts obligation in providing the courses. The Client acknowledges and accepts without reservation that the content provided by MELONEA, in any form, does not constitute any guarantee of results (outcomes, gains, success, performance, etc.).
The Client remains entirely responsible for their own practice, and MELONEA cannot be held liable for any damage caused by the Client.
ARTICLE 10 – PERSONAL DATA
When placing an order on the Site, personal data collected will be subject to computer processing. The Client is invited to consult the Privacy Policy section of the Site for full details.
ARTICLE 11 – EVIDENCE
In all cases, the online provision of the credit card number and final validation of the order shall constitute proof of the entire order pursuant to Article 1366 of the French Civil Code, and shall render the sums due enforceable.
This validation constitutes signature and express acceptance of all operations carried out on the Site.
In the event of fraudulent use of the Client’s credit card, the Client is invited to contact MELONEA’s customer service as soon as the misuse is detected.
Computerized records, kept under reasonable security conditions in MELONEA’s computer systems and those of its partners, shall be considered proof of communications, orders, and payments between the Client and MELONEA.
The archiving of orders and invoices is carried out on a reliable and durable medium, constituting a faithful and lasting copy pursuant to Article 1379 of the French Civil Code.
ARTICLE 12 – APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by French law.
Failing an amicable settlement, which the parties undertake to prioritize, any dispute concerning the validity, interpretation, and/or performance of these Terms and Conditions shall fall under the exclusive jurisdiction of the competent courts within the jurisdiction of the Bordeaux Court of Appeal or, where applicable, the defendant’s domicile, in accordance with applicable procedural rules.
APPENDIX 1
(This form must be completed and returned only if the Customer wishes to withdraw from their order with MELONEA, in accordance with the applicable General Terms and Conditions of Sale)
To the attention of: Mr. Jamal-Eddine Benyahya – 29 Chemin de Nicol – 31200 Toulouse, France
Email: contact@melonea.com
I hereby notify you of my withdrawal from the contract for the sale of the Masterclass services below:
Ordered on ……………………………………..
Order Number: ……………………………………………
Customer Name: ………………………………………………………………
Customer Address: ….……………………………………………………..
….………………………………………………………………………………………
Customer Signature (only if this form is submitted on paper):
Date: ………………………………………………………………..