General terms and conditions of sale

If you have any questions, please contact our customer service department by email: boutique@mellowsea.com

Article 1: Scope and modification of the general terms and conditions of sale

These general terms and conditions of sale apply to all orders placed on the https://mellowsea.com website.
Mellow Sea reserves the right to adapt or modify these terms and conditions of sale at any time. In case of modification, the general sales conditions in force on the day of the order will be applied to each order.

Article 2: Product availability

Our product offers are valid while stocks last.
On receipt of your order, we will check the availability of the product(s) ordered. In the event of unavailability, we undertake within 30 days of validation of the order either to deliver the product ordered or to offer you a similar product at a similar price or to reimburse you. In the event of stock shortage, our customer service department will contact you to make a decision adapted to your needs.
If one of the products in your order is out of stock, we will dispatch the rest of your order with an information message.

Article 3: Prices

Mellow Sea reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of your order, subject to availability at that time.

Article 4: Payment methods and security

Terms of payment

You can pay by :
By credit card: no banking information concerning you transits via the Mellow Sea site. Payment by credit card is therefore perfectly secure; your order will be registered and validated as soon as payment is accepted by our banking department.
By PayPal: pay for your purchases securely with PayPal.
We recommend that you pay by credit card or PayPal, which will speed up the processing of your order.
Securing

Your credit card details are encrypted using SSL 128 (Secure Socket Layer) and are never sent unencrypted over the network. Payment is made directly to the bank. Mellow Sea has no access to this data and does not store it on its servers. This is why you are asked to provide this information for each new transaction on our site.

Retention of title clause

The products remain the property of Mellow Sea until full payment of the order. However, from the moment of delivery, the risks of the delivered goods are transferred to the customer.

Default of payment

Mellow Sea reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

Anti-fraud checks

Mellow Sea checks all orders that have been validated on its website. These controls aim to protect Mellow Sea from abusive practices operated by fraudsters.
As part of these procedures, our services may ask you for all the documents necessary to release your order: proof of address and debit in your name, etc...
These requests are made by e-mail.

Article 5: Delivery terms

Mellow Sea cannot be held responsible for the consequences of late delivery by the carrier.

General

Products purchased from Mellowsea.com can be delivered worldwide.

Delivery times

Delivery may vary from 24 hours to 5 working days for mainland France and Corsica, subject to product availability (in accordance with article 2).
This is an average delivery time depending on the destination, shipping method, type of item and availability.

Delivery methods

The product ordered is delivered by post or by an independent carrier, depending on the nature of the product ordered and on the customer's initiative, to the address shown on the order form.

From parcel to delivery

You must check the conformity of the goods delivered at the time of delivery and before signing the delivery note (CARRIER). You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damaged product, etc.). This verification is considered to have been carried out once the buyer, or a person authorised by the buyer, has signed the delivery note.
You must also confirm these reservations to the carrier by registered mail within three working days of receiving the item(s) and send a copy of this letter to "Mellow Sea, 23 Avenue de Jalday, 64500 SAINT-JEAN-DE-LUZ (France)".
If products need to be returned to us, they must be done so within 30 working days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
If, at the time of delivery, the original packaging is damaged, torn or open, you must check the condition of the items. If they have been damaged, you must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

Article 6: Responsibilities

Mellow Sea cannot be held responsible for the non-execution of the contract concluded in the event of force majeure, unforeseen circumstances, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding or fire.
The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility of using the products, notably due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of Mellow Sea.
In the event of non-delivery of an order or part of an order, you have a maximum of one year (from the date of departure from our warehouses) in which to complain. After this period we will not accept any claims.

Article 7: Right of withdrawal 

In accordance with article L.121-20 of the Consumer Code, the consumer has a period of 14 clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. The consumer may waive this period in the event that he is unable to travel and at the same time needs to call upon a service that is immediate and necessary to his living conditions. In this case, they may continue to exercise their right of withdrawal without having to justify their decision or pay any penalties.

The period referred to in the previous paragraph runs from receipt in the case of goods or acceptance of the offer in the case of services.

Where the information provided for in article L. 121-19 has not been supplied, the period for exercising the right of withdrawal is extended to three months. However, if this information is provided within three months of receipt of the goods or acceptance of the offer, the 14-day period referred to in the first paragraph shall begin.

If the 14-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The product must be returned in good condition, with all accessories (e.g. instructions, assembly tools, warranties, etc.), in its original packaging and unused.

The right of return cannot be exercised for items that can be copied (DVD, Video, etc.) unless they are returned to us in good time and unopened.

Returns procedure :

• In the case of a withdrawal, you will be responsible for the cost of returning the item. The same applies in the case of a size exchange: the cost of returning the original product will be borne by the buyer.

• Mellow Sea will cover the cost of returning a product that does not conform to the order. In the case of a mail order, a prepaid postage will be sent to you at our expense, or a refund of the return costs will be made upon presentation of an invoice (by email or post).

This right of return will only be accepted for complete products, in their original condition (packaging, accessories, instructions, etc.) with a copy of the purchase invoice. Items returned incomplete, damaged or soiled by the customer will not be accepted and will be reshipped at the customer's expense.

Only the price of the returned product(s) will be refunded. Initial postage costs will not be refunded.

We undertake to give you a credit note or refund within a maximum of 15 days of receipt of the products by us.

No COD shipments will be accepted.

Article 8: Guarantees and after-sales service 

Complaints concerning the quality of the goods, excluding any transport dispute, must be made immediately on delivery or collection from our premises in the case of an apparent defect and within 14 days of the said delivery or collection in the case of a defect that is not apparent at first sight. Our customers must then return the product to us for examination after having first obtained a return notice from us. Without this notice, we will refuse to accept these products, even if they are returned to us, and they will be immediately returned to the sender carriage forward. Receipt of these products by our company does not constitute recognition of the defects claimed by our customers; these products will be subjected to an examination following which we will determine whether these defects really exist. If we recognise the defects, our guarantee will be limited to the replacement of the products and we cannot be held responsible for any other prejudice suffered by our customers. In no case can our responsibility be engaged beyond that of our own suppliers.

Our suits are guaranteed for 2 years on all seams and 1 year on materials and workmanship from the date of purchase. 

Not covered under warranty : 

- Deliberate degradation of the product

- Normal wear and tear of neoprene as well as stains (sun, after washing, excess chlorine, etc.).

- Torn by fingernails, rocks or other sharp surfaces.

- Combinations used in a professional context: at events, on a sports course, etc.

- Products bought second-hand or on platforms such as Vinted or eBay.

- Product already repaired by a third party (professional or otherwise)

- The Customer wishes to change the combination after using it. 

- Wrong cut due to buying the wrong size ;

- Guarantee request without original receipt

- Stains/damage caused by excessive and/or too intense washing

Here are the steps to follow to use the guarantee on our suits: 

On the Internet: 

– Contact boutique@mellowsea.com Make a note of your contact details, including your telephone number and e-mail address, so that we can contact you quickly if necessary.

– A brief description of the problem(s) with supporting photo(s).

– Attach the invoice for your previous order.

– Use good quality cardboard packaging or the original packaging, do not crumple the product and fold the suit properly to avoid further damage.

– Your suit will be returned to you free of charge and promptly (if covered by warranty).

Article 9: Information technology and civil liberties

At any time, "you have the right to access, modify, rectify and delete data concerning you (art 34 of the French Data Protection Act of 6 January 1978). Through us, you may receive offers from other companies.

Article 10: Company details 

The website www.mellowsea.com is published by the association loi 1901 Mellow Sea, whose registered office is located at 477 Rue Maurice Pierre 64210 BIDART;

You can contact Customer Service

By e-mail : boutique@mellowsea.com
By post: Mellow Sea, 477 Rue Maurice Pierre 64210 BIDART (France)