The site milinane.com is the property of the SARL Milinane with a share capital of 25 000 €, whose head office is located at 1400, Chemin des litigants, in Aix-en-Provence – France, registered in the RCS of Aix-en-Provence under Number 827 547 126, VAT No. Intra-Community FR 13 827547126, in its entirety, together with all the related rights.

These general conditions of sale apply to all orders placed with the company Milinane for all articles and services offered on the site milinane.com by natural persons who are not traders. Accordingly, the fact that any person orders a product offered for sale on the Milinane website entails full and complete acceptance of these general conditions of sale, which the Customer acknowledges having read prior to ordering.

Milinane reserves the right to modify at any time these general terms and conditions of sale.

Nonetheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Milinane Website are those accepted by the Customer at the time of placing the order.

1 : INTEGRALITY

The present General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions set out in these General Terms of Sale.

Milinane undertakes for its part to respect its role as a reseller within the framework of the said conditions.

2: OBJET

The purpose of these Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Milinane to the Customer, from order to delivery, including payment and use of services provided by Milinane.

3: FIELD OF APPLICATION

The present General Conditions govern the sale of the products on the day the order is placed by the customer. They apply to all orders placed with SARL MILINANE for all items and services offered on the Milinane.com website unless otherwise agreed in writing.

4: INFORMATION ON THE PRODUCTS

CHARACTERISTICS OF THE PRODUCTS

Information such as characteristics or photographs presented on the Sites or in e-mails sent by Milinane are presented with the greatest possible accuracy. Each Product sheet presents the essential characteristics of the selected product, in accordance with article L.111-1 of the French Consumer Code. This information is intended to inform the Customer as fully as possible about the essential characteristics of the products. The customer is informed, subject to his rights, of the possibility of a difference in the positioning of the prints on the product, this difference not affecting in any way the content and characteristics of the product.

AVAILABILITY OF THE PRODUCTS

Milinane undertakes to honor orders received only within the limits of available stocks of products.

In the absence of availability of the product(s), Milinane undertakes to inform the Customer as soon as possible by telephone or by e-mail. The Customer may then request a refund of the sums paid, or exchange the unavailable product for another product, or cancel the order. No cancellation penalty will be applied for such an order cancellation. No compensation for cancellation (other than full refund of the Order) may also be requested, such unavailability resulting from the delay in updating such unavailability.

The unavailability of a product is mentioned on the page of the product concerned.Thus, the products may appear with the mention of the shipping delay of the type "in stock" or "unavailable" or "available within 2 to 3 weeks".

5: ORDER

CAPACITY TO ENTER INTO CONTRACT

Any Customer of the Company declares to have the capacity to contract under the conditions described below, i.e. to be an emancipated minor or to have the legal majority and not to be protected within the meaning of article 488 of the Civil Code. Milinane reserves the right to refuse any order from a customer with whom there is a dispute, in particular a payment dispute.

ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER

The present Conditions can be read directly on the milinane.com website. On request of the Customer, they can also be sent by e-mail.

The fact that the customer checks the box "I accept the general sales conditions", before proceeding to the secure payment, constitutes an irrevocable acceptance which can only be called into question in the cases in the present general sales conditions under the paragraph "right of retraction". The customer acknowledges by this act to have read and understood the present conditions and accepted it.

PLACING AN ORDER

The individual Customer can place an order with Milinane via the Internet 24 hours a day, 7 days a week.

The ordering process consists of 6 successive steps. Once the selection of products is made, and the basket validated, the customer must :

  • Clearly identify the selected products with the options of colors, sizes, ... indicated on the site milinane.com
  • Indicate the quantities requested;
  • Identify himself either by entering his email address and password which are strictly personal to him, or by mentioning all the information usually requested for an online registration;
  • Clearly indicate the information necessary for delivery. This concerns in particular the precise address of delivery as well as the possible restrictions of accessibility of the place of delivery (building, floor, digicode, etc)

Be careful to mention the delivery address and the billing address if they are different.

  • Indicate the chosen delivery method
  • Finally, indicate the chosen method of payment.

Once the method of payment is selected, the customer must proceed to the payment of his order on the secured interface, which will formalize in a firm and final way the sale contract which binds him to Milinane. This validation is worth the signature and acceptance of all the operations carried out on the milinane.com site.

CONFIRMATION OF ORDER

An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address indicated in the registration form is correct.

The customer must check the completeness and the conformity of the information that it provides to Milinane. Milinane shall not be liable for any input errors and the consequences thereof in terms of delay or error in delivery. In this context, all costs incurred for the reshipment shall be borne by the customer.

TRACKING THE ORDER

The Customer can at any time consult the status of his order by consulting the heading "My account" on the site milinane.com. This follow-up allows the Customer to know the state of treatment of his order, but also the state of expedition or delivery of his parcels. This delivery tracking is a direct link to the site of the chosen transporter, which is responsible for the delivery of your package.

The Customer may at any time contact Milinane's customer service to be informed of the status of his order.

PROOF THE ORDER

The computerized registers, preserved in the data-processing systems of the company Milinane under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts.

The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.

GIFT WRAPPING

MILINANE offers its customers a gift wrapping service for products. A fixed fee is charged for the gift wrapping service, the amount is clearly indicated in the basket summary.

6: PRICES AND TERMS OF PAYMENT

The prices of the products are indicated in euros, all taxes included, excluding shipping costs. The prices do not take into account delivery costs, gift wrapping costs, possible promotional offers and personal discounts, indicated before the final validation of the order. For the European Union, the prices take into account the VAT of each country. The customer from the European Union will be charged with the VAT applicable in his country. Any change in the VAT rate will be automatically reflected in the price of the products presented on the site, on the date stipulated by the implementing decree.

The prices of the suppliers of Milinane being in constant evolution, the prices posted on the site are likely to be modified constantly. However, the prices cannot be modified once the Customer's order has been placed.

Orders to countries outside the European Union are not subject to VAT. The prices shown on the site for these orders are exclusive of VAT and therefore do not include VAT. The customer is also responsible for verifying the possibility of importing the ordered products according to the law of the country of delivery. You can contact the Customs Service for more information.

MEANS OF PAYMENT

The payment of the totality of the order must be realized at the time of the order by the purchaser. At no time, the paid sums could be regarded as deposits or installments. All orders are payable in EUROS. To pay his order, the buyer has all the means of payment referred to in the order form: Credit card (Visa, Mastercard, Mastercard Maestro and E-card), Paypal, Alma or by bank transfer.

In case of bank transfer, it must be made within 7 days after the order with the order number for identification. If the payment is not received within 7 days, the order will be canceled.

Milinane implements all the means to ensure the confidentiality and the safety of the banking data transmitted on the milinane.com site. The site uses for this reason a protected module of payment type SSL (Secure Socket Layer). The transaction is carried out via the Caisse d'Epargne bank, which alone has the banking information provided on the site at the time of payment.

SARL MILINANE reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident.

As part of an order verification procedure designed to ensure that no one is using another person's bank details without their knowledge, the Customer may be asked to send a copy of an identity document and proof of address to Milinane by e-mail. The order will be validated only after reception and verification by our services of the sent documents.

INVOICE

The order form that the Customer issues online or the order confirmation that Milinane sends to the Customer by email does not serve as an invoice. The Customer has the original invoice in his online account. The invoice is not included in the package.

Milinane keeps an electronic copy of each invoice.

Delivery

The company SARL MILINANE undertakes that the orders will be shipped on average within two working days but this period can be lengthened at certain periods. In any event, the delivery period may not exceed 30 calendar days from the date of registration of the order, subject to the complete payment of the order.

Deliveries are provided by the postal services. They are made at the delivery address indicated by the customer. In order to meet the delivery deadlines, the customer must ensure that they have communicated accurate and exhaustive information about the delivery address (such as: Name of the consignee, street number, building, access code, intercom name, etc.) .

Shipping costs include packing, handling and postal charges. They can contain a fixed part and a variable part depending on the price or the weight of the order. In case of multiple orders, it is advisable to group the purchases into a single order.

MEANS OF DELIVERY IN METROPOLITAN FRANCE

Delivery by Colissimo in point of withdrawal (usually 5 days period)

Delivery takes place in the post office or in relays within 3 to 5 days.

Standard delivery by Colissimo (usually 48 hours)

This mode of delivery allows the customer to receive his parcel within 48 hours of the shipment through the Post office (excluding processing time and preparation of the order). Deliveries are from Monday to Saturday morning, except holiday. The costs incurred for this option depend on the weight and the total volume of the items ordered.

The parcel is supported by the mail and delivered against signature to the delivery address indicated by the customer. In case of absence at the time of delivery, a notice of passage is deposited at the address of delivery indicated by the customer, which allows the latter to withdraw his parcel in the nearest post office. Parcels are kept pending at the post Office for 15 calendar days. In case of non-withdrawal within the deadlines provided by the carrier, the products will be returned to MILINANE which reserves the right to reimburse the price of the products, the shipping port charges remaining at the expense of the customer.

MEANS OF DELIVERY IN EUROPE

Delivery by Colissimo (usually from 3 to 7 days)

In the event of a major force, SARL MILINANE cannot be held responsible for the delays caused.

In addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, internal or external to the enterprise, blocking of the means of transport or supply, are considered as cases of force majeure. For any reason, government or legal restrictions, computer failures, blocking telecommunications including networks and particularly the Internet) or exceptional events (natural disasters, epidemics, strikes, lockouts, etc.) Delaying or prohibiting the delivery of the goods.

MEANS OF WORLDWIDE DELIVERY

Worldwide deliveries are made by Fedex or TNT carriers depending on the country.

Customs fees may be applied, depending on legislation and agreements with France. Customs fees and other taxes must be paid by the customer directly to the carrier.

PACKAGING

The products are conditioned in order to comply with the standards of transport of force, and to ensure optimum protection of the products during their delivery. The customer is asked to comply with these same standards during a product return, whether during a service after sale, or on a return for convenience. In the event of a product return, if we find that the product is damaged due to insufficient quality packaging, MILINANE may decide to reimburse the product only partially or refuse to reimburse it if it is not possible to Resale in the state.

GIFT WRAPPING

MILINANE offers its customers a gift wrapping service for non-bulky items. Bulky or bulky objects may not benefit from gift wrapping. A lump sum contribution is requested for the gift wrapping service, the amount is clearly indicated in the basket summary.

RESPONSIBILITY OF THE CUSTOMER FOR THE VERIFICATION OF PARCELS AT RECEPTION

The SARL MILINANE recalls that it is the responsibility of the customer to inspect his parcels upon receipt in the presence of the delivery man and to notify the carrier and the customer service immediately MILINANE any anomaly found (shock, damaged parcel, date of Delivery not in accordance with the normal delivery service deadlines. In the event that such entries have not been made on the delivery slip submitted to the customer by the carrier, no claims relating to the condition of the parcel (or packages) may be accepted ex post by MILINANE

Retraction and claims

In the context of distance selling (without the simultaneous physical presence of the parties), the customer has under article L 121-20 of the French Code of consumption a period of fourteen free days to exercise his right of withdrawal without having to pay Penalties, with the exception of the return costs of the products concerned. This period runs from the day of receipt of the goods by the customer.

The return request is made by e-mail, by contacting the customer service. This will tell the customer how to proceed.

MILINANE suggests to the customer to return his products by registered or supplementary insurance, guaranteeing, where appropriate, the compensation of the products at their actual market value in the event of despoilment or loss of this merchandise. In any case, the return is carried out at the risk of the Client. It will be up to the customer to keep all proof of return. The cost of return is the responsibility of the customer, who is free to choose the mode of dispatch.

In the event of an error attributable to MILINANE (defective item or order preparation error), MILINANE supports the return cost of the item. The customer will have to send the invoice from the carrier to MILINANE to obtain compensation.

The returned products must be intact, in perfect condition of resale, in their original packaging. They must not have been worn or used, nor have they suffered any deterioration of any kind and in a state of perfect cleanliness. Any product that is damaged, incomplete, or whose original packaging is damaged, will not be refunded or exchanged.

This right of withdrawal shall be exercised without penalty, except for the transport costs which remain at the expense of the customer.

In the event of the exercise of the right of withdrawal, the customer can claim the reimbursement of the sums paid. Reimbursement does not include postage or return costs. In the event of a refund request, MILINANE will make every effort to repay the customer within 30 days.

If the customer wishes to exchange the product, he may inform the MILINANE customer service by e-mail. MILINANE will be able to book the item for the customer. Trade is only valid for the same product of different size or color provided that the selling price is equivalent. No other type of exchange will be accepted.

Refund request (in case of undelivered item)

First of all, make sure to check the tracking of your package via the link provided in the confirmation email of your order.  If it indicates "delivered" but you did not receive it in your mailbox it is possible that the item was returned to the post office nearest to you, or that your neighborhood has received it. If your package/tracking letter indicates that it was delivered by our provider (post office, private parcel or other) we cannot do anything more.

The delivery can be extended in case of high demand to a period of 60 days maximum, if after this period the item has still not been delivered, you will be reimbursed for the full amount of your order that has not been delivered.

 

Warranty

All products for sale on the website benefit from the legal guarantee of conformity (L211-1 and following of the consumer code) and the guarantee against hidden defects (articles 1641 and following of the Civil code), allowing the user to return Defective or non-compliant products delivered.

– Article L211-4 of the consumer Code: the seller is required to deliver a property in accordance with the contract and satisfies the defects of conformity existing at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.

– Article L211-5 of the consumer Code: in order to comply with the contract, the property must:

(o) be specific to the usual expected use of a similar property and, where applicable: correspond to the description given by the seller and possess the qualities which he has presented to the purchaser in the form of a sample or model; Present the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;

o or present the characteristics defined by common agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which he accepted.

– Article L211-12 of the consumer Code: the action resulting from the failure to comply is prescribed by two years from the issuance of the property.

– Article 1641 of the Civil Code: the seller is liable for the concealed defects of the thing sold which render it unfit for the use to which it is intended, or which so diminish this use, that the purchaser would not have acquired it, or would have given only one m Anoint Price, if he had known them.

– Article 1648 Al 1 of the Civil Code: the action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

The customer has a period of 14 days from the delivery to form any reservations or claims for non-conformity or apparent defect of the articles delivered, by e-mail via the contact form.

After this period and failing to comply with this formality, the articles shall be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by SARL MILINANE

If the apparent defect or non-conformity of the article is proved, SARL MILINANE undertakes to replace the item or to reimburse the customer as soon as possible and at its expense.

This reimbursement will occur within a maximum period of 8 days.

The SARL MILINANE cannot be held responsible for the misuse and/or the intensive use of the articles that could be made by the customer.

Intellectual Property

All texts, comments, works, illustrations and images reproduced on the site milinane.com are protected by copyright, trademarks or patents. They are the exclusive property of the MILINANE SARL.

In this respect any reproduction of all or part of the elements composing the site milinane.com on any medium whatsoever is strictly forbidden except prior agreement.

Anyone with a website wishing to place a simple link directly to the site milinane.com must request permission from the SARL Milinane, however a simple authorisation cannot constitute a convention Implicit affiliation and be awarded definitively. – This is why on request of the SARL MILINANE this link must be withdrawn.

Personal, registered or private information

The collection of personal information carried out for the purposes of distance selling is obligatory, as this information is indispensable for the processing and the delivery of orders. The lack of information causes the order to not be validated.

The company SARL MILINANE respects the law "informatiques et libertés" of January 6, 1978 in connection with the processing of personal data, modified in 2004. This law provides that the company that collects personal data must have the consent of the person concerned, that the data must prove to be accurate and that they must be collected for a clear and legal purpose. Everyone must have access to their personal data and the right to be able to change them.

In accordance with the law, the processing of personal information relating to the customer has been the subject of a declaration to the CNIL. CNIL Declaration No. 2069817 v 0

The customer has a right of access, modification, rectification and deletion of the data which concern him, which he may exercise with the company SARL MILINANE.

The company SARL MILINANE is committed to never communicate the contact details of its customers to a third party, with the exception of companies carrying out the transport and delivery operations for the products ordered by the customer.

Full Conditions

A change in legislation, regulation or a court decision making one or more clauses of these general conditions of sale null and void shall not affect the validity of these general conditions of sale and allow the customer to Do not comply with these general terms of sale.

If a condition was not explicitly mentioned, it would be considered to be governed by the uses in force in the distance selling sector whose companies are headquartered in France.

Applicable law

The general Conditions are governed by French law.

In case of litigation, the Client agrees to find a solution amicably before any action in the courts. In the event of a failure of any amicable solution, any action may be taken only before the French courts.

The competent court shall be that of the defendant's place of domicile or, at the option of the applicant, the place of actual delivery of the product.

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