The present 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”).
1. Purpose
These Terms and Conditions of Use (the “T&Cs”) govern the use of the Website by any user (the “User”). They define the conditions under which the User may access and browse the Website’s content.
By browsing the Website, the User acknowledges having read, understood, and accepted these T&Cs fully and unreservedly.
MELONEA reserves the right to amend these T&Cs at any time. Any modifications shall become effective as soon as they are published online. Users are therefore invited to review the T&Cs regularly.
2. Access to the Website
The Website is accessible to any User with an Internet connection.
It is available 24/7, except in cases of force majeure, events beyond MELONEA’s control, or technical/maintenance interruptions necessary for proper operation. Maintenance may be carried out without prior notice to the User.
All equipment (computers, phones, software, telecommunications means, etc.) and connection costs required to access the Website are the sole responsibility of the User.
MELONEA grants the User a personal, revocable, non-transferable, non-assignable, non-exclusive, and free license to use the Website.
3. Customer Account
To place an order on the Website, the User must create a customer account.
The User must complete a registration form with personal details (name, surname, city and country of residence, email address, and phone number) and create a personal password. An email will confirm the account creation with a summary of the data provided.
By creating an account, the User agrees to provide accurate, complete, and up-to-date information.
The User is fully responsible for maintaining the confidentiality of login credentials (email and password). Any fraud or unauthorized use must be reported to MELONEA’s customer service as soon as possible.
To delete an account, the User may contact MELONEA’s customer service, pursuant to data protection rights outlined in the Privacy Policy. MELONEA may also delete an account when required by data protection regulations.
4. Personal Data
Personal data collected on the Website, directly or indirectly, will be subject to computerized processing. The User is invited to consult the “Privacy Policy” tab on the Website for further details.
The User is also encouraged to review MELONEA’s privacy policy on its social media channels (YouTube, Instagram, Facebook, etc.).
5. Hyperlinks
The Website may include hyperlinks to third-party websites (partners, information, etc.) authorized by MELONEA. However, MELONEA does not control and cannot be held liable for the content of such websites, including any potentially unlawful material.
6. Description of Services
MELONEA strives to provide accurate information about its activities and services. However, it shall not be held liable for omissions, inaccuracies, or lack of updates, whether attributable to MELONEA or its partners.
All information provided on the Website is indicative and subject to change.
The Website’s content is not exhaustive and may have been modified since its initial publication.
7. Liability
MELONEA undertakes to ensure proper functioning of the Website.
However, it cannot be held liable for issues inherent to Internet use, including service interruptions, external intrusions, or computer viruses.
The User acknowledges and accepts the characteristics and limitations of the Internet, in particular:
use of the Website is at their own risk, on an “as is” and “as available” basis;
the User is solely responsible for any damage to their equipment resulting from Website use;
it is the User’s responsibility to protect their data and software from potential viruses;
the User is solely responsible for how they use Website information, with MELONEA disclaiming liability for any direct or indirect damages;
MELONEA accepts no liability for third-party websites accessed via hyperlinks on the Website;
the User is aware of Internet limitations, including technical performance and response times;
it is the User’s responsibility to ensure their equipment’s technical compatibility with Website content.
MELONEA shall not be held liable for indirect damages (e.g. loss of business or opportunity) resulting from Website use.
8. Intellectual Property
MELONEA is the exclusive owner or holder of intellectual property rights related to the Website’s structure and content, including trademarks, texts, images, graphics, logos, videos, icons, and sounds.
The T&Cs do not transfer any intellectual property rights to the User. The User must not use Website content in a way that infringes MELONEA’s rights or constitutes counterfeiting, unfair competition, or parasitism.
Any reproduction, representation, modification, publication, or adaptation of Website content, by any means, is prohibited unless authorized in writing by MELONEA.
Unauthorized exploitation of the Website or its elements constitutes infringement and may lead to legal action under Articles L.335-2 et seq. and L.713-2 et seq. of the French Intellectual Property Code.
9. Miscellaneous
If any provision of the T&Cs is deemed invalid or unenforceable under applicable law or a final court decision, the remaining provisions shall remain in force.
10. Governing Law and Jurisdiction
These T&Cs are governed by French law. They are drafted in French, which shall prevail in any interpretation.
In the absence of amicable resolution, any dispute related to the Website 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 the law.