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Terms and Conditions

GENERAL TERMS AND CONDITIONS

Please read these General Terms and Conditions before accessing or using the website.

These General Terms and Conditions are intended to define the rights and obligations of the company MILANDET, 159 Rue Vendôme, 69003 LYON, FRANCE ("MILANDET") and any consumer visiting or making a purchase (“the Customer”) via the website www.milandet.com ("the Website”).

MILANDET offers this Website, including all information, tools and services available from this Website conditioned upon the Customer’s acceptance of all terms, conditions, policies and notices stated within these General Terms and Conditions.

By accessing or using any part of the Website, the Customer agrees to be bound by these General Terms and Conditions.

If the Customer does not agree to all the General Terms and Conditions, then it may not access the Website or use any of its services.

The headings used in this General Terms and Conditions are included for convenience only and will not limit or otherwise affect these General Terms and Conditions.

Our store is hosted by Shopify Inc...

It provides MILANDET  with the online e-commerce platform to sell its Product(s) and services to the Customer.

 

ARTICLE 1 - ONLINE STORE TERMS

By agreeing to these General Terms and Conditions, the Customer acknowledges the fact that he/she is at least the age of majority in his/her state or province of residence, or that he/she has been given by his/her parent or legal representative permission to use and purchase MILANDET's Product(s) from this Website.

The Customer may not use MILANDET's Product(s) for any illegal or unauthorized purpose nor may, in the use of the Website, violate any laws in his/her jurisdiction (including but not limited to copyright laws).

 

The Customer must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the General Terms and Conditions will result in an immediate termination of MILANDET's service.

ARTICLE 2 - USE OF THE WEBSITE

By using the Website and/or by placing any order through it, the Customer undertakes:

  1. to use the Website exclusively to make legitimate enquiries or orders;
  2. not to make any speculative, false or fraudulent orders;
  3. to provide correct and accurate e-mail, postal and/or other contact details to MILANDET and acknowledges that MILANDET may use these contact details to contact the Customer;

The Customer understands that his/her information content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks.

The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by MILANDET.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The elements such as photographs, texts, graphics as well as all information and features illustrating and / or accompanying the Product(s) are not contractual, which the Customer acknowledges.

MILANDET cannot, consequently, incur any responsibility in case of error or omission of any of these elements or in case of modification of said elements.

The information on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete sources of information.

MILANDET reserves the right to modify the content of this Website at any time, but has no obligation to update the Customer of such change.

In case of any typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, MILANDET reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website or on any related website is inaccurate at any time without prior notice including after the Customer has submitted his/her order.

MILANDET has made every effort to display as accurately as possible the colors and images of the Product(s) that appear on the Website.

MILANDET cannot guarantee that the Customer computer monitor's display of any color will be accurate.

 

All descriptions of Product(s) are subject to change at any time without notice, at the sole discretion of MILANDET.

MILANDET has no obligation to update, amend or clarify information in the service or on any related Website, including without limitation, pricing information, except as required by law.

 

ARTICLE 4 - SERVICE AVAILABILITY

 

MILANDET reserves the right to refuse service to the Customer for any reason at any time and to limit the sales and/or quantities of the Product(s) to any person, geographic region or jurisdiction on a case-by-case basis.

MILANDET reserves the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

MILANDET shall not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the service.

MILANDET may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

MILANDET reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

 

 

ARTICLE 5 - CUSTOMER INFORMATION

The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made through the Website.

The Customer agrees to promptly update his/her account and other information, including but not limited to his/her email address and credit card numbers and expiration dates.

In the event that a change to or a cancellation of an order is made, MILANDET might attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

ARTICLE 6 - AVAILABILITY OF PRODUCT(S)

 

The Product(s) may be available exclusively online through the Website.

The Product(s) may have limited quantities and are subject to return or exchange only according to MILANDET return policy as set within Articles 10 and 11 of the General Terms and Conditions.

MILANDET reserves the right to discontinue the sale of any Product at any time.

MILANDET does not warrant that the quality of any Product(s), services, information, or other material purchased or obtained by the Customer will meet his/her expectations.

ARTICLE 7 - ORDER AND DELIVERY

Subject to availability (see ARTICLE 6 - AVAILABILITY OF PRODUCTS), and unless any exceptional circumstances occur, MILANDET will endeavor to fulfill the Customer order for Product(s) listed in the shipping confirmation by the delivery date set out in the shipping confirmation or, if no estimated delivery date is specified, then within a maximum of 6 weeks of the date of the order confirmation.

If MILANDET fails to deliver the Product(s) within 6 weeks of the date of the order confirmation, the Customer may cancel the order and be reimbursed of the price paid for the Product(s) and any delivery costs paid.

If the Product(s) availability is delayed by an event outside MILANDET's control, the Customer will be contacted as soon as possible to minimize the effect of the delay.

Provided MILANDET will not be liable for delays caused by the event, but if there is a risk of substantial delay the Customer may contact MILANDET to end the order and receive a refund for any Product(s) that have been paid for but not received.

ARTICLE 8 -PRICES

Prices of MILANDET’s Product(s) are subject to change without notice.

MILANDET is under no obligation to provide the Product(s) at the incorrect (lower) price (even after a shipping confirmation has been sent) if the pricing error is obvious and unmistakable and could have reasonably been recognized as an incorrect price.

If MILANDET discovers an error in the price of ordered Product(s), the Customer will be informed as soon as possible and given the option of reconfirming the order at the correct price or cancelling it.

If MILANDET is unable to contact the Customer, the order will be treated as cancelled and if the Product(s) have been already paid the Customer will receive a full refund.

 

ARTICLE 9 - RISK AND OWNERSHIP

The Product(s) will be at the Customer's risk from the time of delivery.

For the purpose of these General Terms and Conditions, "delivery" or "delivered" shall be deemed to have occurred when the Customer or a third party nominated by the Customer acquires physical possession of the Product(s), which will be evidenced by the signing for receipt of the Product(s) at the agreed delivery address by the postal services mandated to insure such delivery.

Ownership of the Product(s) will only pass the Customer when MILANDET receives full payment of all sums due in respect of the Product(s), including delivery charges.

ARTICLE 10 – ORDER CANCELLATION POLICY

Per application of Article L221-18 and followings of the French Consumer Code, the Customer may cancel his/her order for any reason to the latest after fourteen (14) calendar days from the date of reception of the Product(s), by notifying MILANDET of its decision to cancel its order using if desired the model cancellation form (see Appendix of the General Terms and Conditions) to the following e-mail address: info@milandet.com

If the Product(s) have been sent prior the Customer cancellation, the Customer shall send the Product(s) back following subsequent instructions.

The Product(s) shall be sent back to MILANDET using or including all their original packaging, instructions, and other documents, if any, accompanying the Product(s).

The Customer may handle the Product(s) to establish it/their nature, characteristics and functioning.

Acceptable handling of the Product(s) is that which would reasonably be allowed in a shop.

The Customer is liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.

MILANDET will refuse to take back and reimburse any Product(s) that have been damaged, soiled, washed, altered or worn (other than to try the item on) and if any label or tag has been removed.

The Customer shall be responsible for the costs and risk of returning the Product(s) to MILANDET.

The refund is to be paid as soon as possible and, in all cases, within 14 calendar days from the date on which the Customer notified MILANDET of its intention to cancel through the above mentioned email address.

MILANDET shall withhold the reimbursement of the Product(s) until it has received the Product(s) back, or until the Customer has supplied sufficient evidence of having sent back the Product(s), whichever is the earlier.

MILANDET will then process to a refund, which will include the cost of standard delivery.

The refund will always be paid using the same payment means the Customer used to pay for its Product(s).

ARTICLE 11 - RETURN OF DEFECTIVE PRODUCT(S)

If the Product received by the Customer is defective, the Customer shall immediately inform MILANDET using the following e-mail address: info@milandet.com.

The Product(s) shall be sent back to MILANDET using or including all their original packaging, instructions, and other documents, if any, accompanying the Product(s).

The Customer may handle the Product(s) to establish it/their defective nature, characteristics and functioning.

Acceptable handling of the Product(s) is that which would reasonably be allowed in a shop.

The Customer must send back the Product(s) without undue delay, and in any event no later than 14 calendar days from the day on which MILANDET has been informed of the defective nature of the Product(s).

The Customer shall be responsible for the costs and risk of returning the Product(s) to MILANDET.

MILANDET shall withhold the reimbursement of the Product(s) until the Product(s) have been received back, or until the Customer has supplied sufficient evidence of having sent back the Product(s), whichever is the earlier.

MILANDET will examine the Product and if the Product is deemed it to be defective, a full refund including delivery charges will be made using the same means of payment that the Customer originally used to pay for your purchase.

The refund will always be paid using the same payment means the Customer used to pay for its Product(s).

ARTICLE 12- THIRD- PARTIES TOOLS AND LINKS

  1. MILANDET may provide the Customer with access to third-party tools over which MILANDET neither monitors nor has any control nor inputs.

The Customer acknowledges and agrees that MILANDET provides access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

MILANDET declines any liability arising from or relating to your use of third-party tools.

Any use by the Customer of optional tools offered through the Website is entirely at its own risk and sole discretion.

  1. Certain content, Product(s) and services available via the Website may include materials from third-parties.
  2. Third-party links on this Website may direct the Costumer to third-party websites that are not affiliated with MILANDET.

MILANDET is not liable for examining or evaluating the content or accuracy of such websites.

MILANDET does not warrant and declines any liability for any third-party materials or websites, or for any other materials, Product(s), or services of third-parties.

Complaints, claims, concerns, or questions regarding third-party Product(s) should be directed to the third-party.

 

ARTICLE 13 - CUSTOMER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

The Customer agrees that his/her comments on the Website will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

The Customer further agrees that his/her comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

The Customer may not use a false e-mail address, pretend to be someone other than himself/herself, or otherwise mislead MILANDET or third-parties as to the origin of any comments.

The Customer is solely responsible for his/her comments.

MILANDET shall not be held responsible for any comments posted by a Customer or any third-party.

 

ARTICLE 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the General Terms and Conditions, the Customer is prohibited from using the Website or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

  1. MILANDET is bound by a legal guarantee of conformity of the delivered Product(s) pursuant articles 1641 and following of the French Civil Code and is liable of hidden defects of the Product(s) under the conditions of articles L. 211 - 4 and following of the French Consumer Code.

Reproduction of the relevant articles of the French Civil Code and Consumer Code are available at the end of the General Terms and Conditions.

  1. MILANDET does not guarantee, represent or warrant that the Customer use of the Website will be uninterrupted, timely, secure or error-free.

MILANDET does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

The Customer agrees that from time to time MILANDET may remove the service for indefinite periods of time or cancel the service at any time without notice.

The Customer expressly agrees that the use of, or inability to use, the service is at his/her sole risk.

The service and all Product(s) and services delivered to the Customer through the Website are, except as expressly stated, provided 'as is' and 'as available' for the Customer use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

  1. In no case shall MILANDET, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Product(s) procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MILANDET liability shall in this hypothesis be limited to the maximum extent permitted by law.

  1. The Customer agrees to indemnify, defend and hold harmless MILANDET and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Customer breach of the General Terms and Conditions or the documents they incorporate by reference, or the Customer violation of any law or the rights of a third-party.

ARTICLE 16 - ENTIRE AGREEMENT

The failure for MILANDET to exercise or enforce any right or provision of these General Terms and Conditions shall not constitute a waiver of such right or provision.

These General Terms and Conditions and any policies or operating rules posted on this Website or in respect to the service constitutes the entire agreement and understanding between MILANDET and the Customer govern the Customer use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Parties (including, but not limited to, any prior versions of the General Terms and Conditions).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

In the event that any provision of these General Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 17 - GOVERNING LAW

These General Terms and Conditions and any separate agreements whereby MILANDET provides its services shall be governed by, construed and interpreted in accordance with the laws of France.

ARTICLE 18 – DISPUTE RESOLUTION PROCESS AND JURISDICTION CLAUSE

In case of any dispute relating to the use of MILANDET's Website or Product(s), the Customer and MILANDET must attempt to reach an amicable settlement.

Pursuant to article L111-1 of the French Consumer Code, the Customer may refer his/her complaint to a Consumer Ombudsman which is qualified to resolve disputes between a customer and a retailer in France.

A list of the qualified French Consumer Ombudsman is available on the following website: https://www.economie.gouv.fr/mediation-conso.

In the absence of amicable settlement, exclusive jurisdiction is attributed to the competent French courts in LYON, FRANCE, and shall apply in any case, including in case of litigation relating to the pre-contractual phase or in case of emergency or protective proceedings, and notwithstanding the plurality of defendants or the warranty claim.

 

ARTICLE 19 - SEVERABILITY

If any term, provision or condition contained in the General Terms and Conditions shall to any extent, be invalid or unenforceable, the remainder of the General Terms and Conditions other than those with respect to which it is invalid or unenforceable, shall not be affected thereby, and each and every other term, provision and condition of the General Terms and Conditions shall be valid and enforceable to the fullest extent possible permitted by law.

ARTICLE 20 - CHANGES TO TERMS AND CONDITIONS

The Customer may review the most current version of the General Terms and Conditions at any time on this page.

MILANDET reserves the right, at our sole discretion, to update, change or replace any part of the General Terms and Conditions by posting updates and changes to the Website.

It is the Customer responsibility to check periodically the Website content for changes.

The Customer continued use of or access to the Website following the posting of any changes to the General Terms and Conditions constitutes acceptance of those changes.

ARTICLE 21 - CONTACT INFORMATION

Any inquiry, question or comment of any sort about the General Terms and Conditions or the use of the Website should be sent to MILANDET via the Website or to the e-mail address info@milandet.com

 

 

 

 

APPENDIX

 

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to cancel your order)

 

To the company MILANDET registered at 159 Rue Vendôme, 69003 LYON, FRANCE operating under the trading name "MILANDET", by email to info@milandet.com

 

I hereby give notice that I cancel my order of the following Product(s):

[Customer to insert description of items]

 

 

 

 

 

Ordered on/received on (*):

 

Name of consumer:

 

Address of consumer:

 

Signature of consumer (only if this form is notified on paper):

 

Date:

 

 

 

(*)Delete as appropriate

 

 

 

 

Articles of the French Civil Code relating to the warranty against hidden defects in the product sold

 

Article 1641

 

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

 

Article 1644

 

Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him, as decided by experts.

 

Article 1646

 

If the seller did not know of the vices in the thing, he is bound only to return the price and to reimburse to the buyer the expenses occasioned by the sale.

 

 

Articles of the French Consumer Code relating to the legal guarantee of conformity

 

Article L217-4

 

The seller delivers a good that complies with the contract and is liable of the defects of conformity during the delivery.

 

It is also understood that defects of conformity may result from the packaging, the instructions of assembly or installation when taken in charge according to the contract or elaborated under the seller’s responsibility.

 

Article L217-5

 

The property is in accordance with the contract:

1 ° If it is fit for the usual use of a similar property and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that he has presented to the buyer as a sample or model;

- if it is used on the legal market, as a producer, as a producer, as a representative;

2 ° Or if it has the characteristics of a common agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has been accepted.

 

Article L217-7

 

Conformity deficiencies appearing within twenty-four months from the date of delivery are presumed at the time of delivery, unless proven otherwise.

For second-hand goods, this period is fixed at six months.

The seller can contest this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

 

Article L217-9

 

In case of lack of conformity, the buyer has the choice between repair and replacement of the item.

However, the seller may not proceed according to the choice of the buyer if this choice led to a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect.

He is obliged to proceed, unless impossible, according to the method not chosen by the buyer.

 

Article L217-12

 

The action is based on the lack of conformity is prescribed by two years from the delivery of the property.

 

NOTE: The legal guarantee of conformity applies regardless of the possibly granted commercial warranty.